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Arbitration Contract for the United States

Arbitration Contract Template for United States

An Arbitration Contract is a legally binding agreement that establishes alternative dispute resolution procedures outside of traditional court litigation. Under U.S. law, particularly the Federal Arbitration Act, this agreement specifies how disputes will be resolved through arbitration, including the selection of arbitrators, procedural rules, cost allocation, and the scope of arbitrable matters. The document ensures compliance with both federal and state arbitration laws while providing a framework for efficient dispute resolution.

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What is a Arbitration Contract?

The Arbitration Contract serves as a crucial legal instrument for establishing alternative dispute resolution procedures in the United States. This document is typically used when parties wish to avoid costly and time-consuming court litigation by agreeing to resolve disputes through arbitration. The contract, governed by the Federal Arbitration Act and applicable state laws, outlines the complete arbitration process, including arbitrator selection, procedural rules, and the types of disputes subject to arbitration. It's particularly valuable for businesses seeking to manage risk and maintain confidentiality in dispute resolution.

What sections should be included in a Arbitration Contract?

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the arbitration agreement

3. Definitions: Key terms used throughout the agreement

4. Agreement to Arbitrate: Core provision establishing mutual agreement to arbitrate disputes

5. Scope of Arbitration: Specific types of disputes covered by the agreement

6. Arbitration Procedures: Process for initiating and conducting arbitration

7. Selection of Arbitrators: Method for choosing arbitrators

8. Governing Law: Applicable law governing the agreement and reference to Federal Arbitration Act

What sections are optional to include in a Arbitration Contract?

1. Class Action Waiver: Waiver of right to participate in class actions - typically used in consumer or employment contracts

2. Confidentiality: Provisions regarding confidentiality of proceedings - used when sensitive information may be involved

3. Cost Allocation: How arbitration costs will be shared between parties - used when specific cost arrangements are desired

4. Emergency Relief: Provisions for seeking emergency court intervention - used when immediate relief might be necessary

What schedules should be included in a Arbitration Contract?

1. Schedule 1 - Arbitration Rules: Detailed procedures of chosen arbitration organization

2. Schedule 2 - Fee Schedule: Breakdown of applicable arbitration fees and costs

3. Schedule 3 - Arbitrator Qualifications: Required qualifications and experience for arbitrators

4. Schedule 4 - Notice Forms: Template forms for initiating arbitration

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶ÒõÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses




















Industries

Federal Arbitration Act: Primary federal law (9 U.S.C. ยงยง 1-16) that establishes the validity and enforceability of arbitration agreements, sets basic requirements for arbitration procedures, and governs interstate commerce arbitration

New York Convention: Convention on the Recognition and Enforcement of Foreign Arbitral Awards - crucial for international arbitration enforcement and recognition

State Arbitration Laws: State-specific arbitration statutes, including variations of the Uniform Arbitration Act, which may apply unless preempted by the FAA

AT&T Mobility v. Concepcion: Key Supreme Court decision (2011) affecting class action waivers in arbitration agreements

Epic Systems v. Lewis: Supreme Court decision (2018) reinforcing the enforceability of class action waivers in employment arbitration agreements

State Contract Law: General principles of state contract law that affect formation, validity, and interpretation of arbitration agreements

Industry Regulations: Sector-specific regulations that may impact arbitration requirements and procedures

Consumer Protection Laws: Federal and state consumer protection statutes that may affect the enforceability of arbitration agreements with consumers

Employment Law: Labor and employment regulations that may impact arbitration agreements in the employment context

Core Requirements: Essential elements including clear agreement to arbitrate, scope of disputes, arbitrator selection, venue, cost allocation, and choice of law provisions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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