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How_to_Contract_Checklist_-_Arbitration_Provisions_2022_

This document is a checklist outlining key components of a typical arbitration provision, emphasizing the importance of clarity and specificity in drafting such provisions. It covers essential concepts such as the scope of arbitration, the selection of arbitrators, and the governing laws, as well as optional terms that can enhance the arbitration process. The checklist serves as a guide for legal professionals to ensure comprehensive and enforceable arbitration agreements.

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21 views

How_to_Contract_Checklist_-_Arbitration_Provisions_2022_

This document is a checklist outlining key components of a typical arbitration provision, emphasizing the importance of clarity and specificity in drafting such provisions. It covers essential concepts such as the scope of arbitration, the selection of arbitrators, and the governing laws, as well as optional terms that can enhance the arbitration process. The checklist serves as a guide for legal professionals to ensure comprehensive and enforceable arbitration agreements.

Uploaded by

tanmaya_purohit
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Arbitration

Provision Checklist
This checklist identifies key parts of a typical arbitration provision. It is a simplified version. It is
not provided as a model provision nor does it include every potential issue.

CORE CONCEPTS
The Parties will resolve all disputes, claims, Keep this mandatory ("will" or "shall") and
and causes of action the scope broad to avoid creating parallel
dispute processes for included and excluded
claims. If the local courts are hostile to
arbitration, consider adding "including its
existence, validity, and termination..."

arising from or relating to this Agreement or Use this broader nexus language to keep all
the relationship of the Parties disputes under arbitration. Add the
relationship language to prevent the
defense from claiming the issues stem from
the relationship and not the contract itself.

exclusively by arbitration Make sure the provision is clear that


arbitration is the only process. OK to also
add "finally" or other words that emphasize
it. Some add "binding" but it is not needed
as arbitration is binding by its nature.

administered by the [name of arbitration Identify the entity that will administer the
body] arbitration. Confirm the name on the body's
website to make sure you spell it correctly.

in accordance with its [name of rules] in Make sure to identify the specific rules. Be
effect when the claim is filed precise, as most bodies have multiple sets of
rules. Identify the version of rules as either
in effect on the agreement date or on the
date of the claim.

before [one arbitrator][three arbitrators] Identify how many arbitrators you want to
hear the dispute. If silent, the
administrative body may have the
discretion to select the number it considers
appropriate.

selected in accordance with the named rules. Consider if you want to identify any
requirements for the arbitrator. If it is a
specialized contract, you may want to
require ten years of experience in the
industry.
v2 Page 1 of 2

© 2022 How to Contract LLC. This checklist applies U.S. law. It is for legal training and does not
constitute legal advice. Access more contract job aids and training videos by becoming a member of
How to Contract. www.howtocontract.com.
Arbitration
Provision Checklist
This checklist identifies key parts of a typical arbitration provision It is a simplified version. It is
not a model provision nor does it include every potential issue.

CORE CONCEPTS (CONTINUED)


The arbitration will take place in [city, Local court and law will govern the
country]. procedural issues so choose the location
carefully. Make sure that courts in that
jurisdiction will support arbitration.

in the English language. Identify the language of the proceedings.


We typically choose the language of the
contract but there may be reasons to
choose a different language.

OPTIONAL TERMS
The federal and state laws governing Consider whether to identify the law
arbitration in [New York, New York] will apply governing the procedural matters relating
to any arbitration under this Agreement. to arbitration. In some countries, the law of
the arbitration seat will control the
procedural law.

The [arbitration panel][court with jurisdiction] You may want to be precise and explicit
will decide any issues relating to the about how arbitrability and other related
agreement to arbitrate, the scope of competence and jurisdiction issues are
arbitration, and the authority of the decided. The local law may overrule this
arbitration panel. provision but it is helpful to state the
parties' intent.

The arbitration panel has the authority to Add language around how you want to
issue equitable and monetary remedies in handle interim and equitable remedies.
connection with the arbitration.

All information and material shared by the Check the rules to see how confidentiality is
parties in connection with the arbitration will covered. If unclear, add a confidentiality
be Confidential Information and governed by obligation to make sure that the parties
Section X of this Agreement. keep the arbitration confidential. Not all
arbitration rules require confidentiality by
the parties.

Each Party will bear its own costs of the


arbitration and the arbitrators [have][do not Identify any preference for how attorneys'
have] authority to award attorneys' fees and fees and costs will be handled.
court costs.

v2 Page 2 of 2

© 2022 How to Contract LLC. This checklist applies U.S. law. It is for legal training and does not
constitute legal advice. Access more contract job aids and training videos by becoming a member of
How to Contract. www.howtocontract.com.

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