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Applicable Law Arbitration Agreement for the United States

Applicable Law Arbitration Agreement Template for United States

An Applicable Law Arbitration Agreement is a legal document governed by U.S. federal and state laws, particularly the Federal Arbitration Act, that establishes the framework for resolving disputes through arbitration. It specifies the governing law, arbitration procedures, and enforcement mechanisms while ensuring compliance with both federal and state arbitration requirements. The agreement provides certainty regarding dispute resolution processes and applicable laws in commercial relationships.

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Applicable Law Arbitration Agreement

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What is a Applicable Law Arbitration Agreement?

The Applicable Law Arbitration Agreement is essential for businesses seeking to establish clear dispute resolution mechanisms while ensuring legal certainty. This document is particularly relevant when parties want to specify both the substantive law governing their relationship and the procedural framework for arbitration. It's commonly used in the United States where the Federal Arbitration Act provides strong support for arbitration agreements. The document typically includes provisions for arbitrator selection, procedural rules, and enforcement mechanisms, while ensuring compliance with both federal and state arbitration laws.

What sections should be included in a Applicable Law Arbitration Agreement?

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. Scope of Arbitration: Matters subject to arbitration under the agreement

5. Governing Law: Law that governs the interpretation and enforcement of the agreement

6. Arbitration Process: Procedures for initiating and conducting arbitration

7. Arbitrator Selection: Process for choosing arbitrators

What sections are optional to include in a Applicable Law Arbitration Agreement?

1. Multi-tier Dispute Resolution: Additional dispute resolution steps before arbitration (mediation, negotiation) - used for complex commercial relationships

2. Costs and Fees: Allocation of arbitration costs - used when parties want specific cost arrangements

3. Confidentiality: Provisions for maintaining confidentiality - used for sensitive commercial matters

4. Emergency Relief: Provisions for urgent interim measures - used when immediate relief might be needed

What schedules should be included in a Applicable Law Arbitration Agreement?

1. Arbitration Rules: Detailed procedures for conducting arbitration

2. Fee Schedule: Breakdown of arbitration costs and fees

3. Arbitrator Qualifications: Required qualifications and selection criteria for arbitrators

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses

























Industries

Federal Arbitration Act: Primary federal law (9 U.S.C. ยงยง 1-16) governing arbitration agreements in interstate commerce, establishing enforceability of arbitration clauses and setting procedures for arbitration proceedings

New York Convention: Convention on the Recognition and Enforcement of Foreign Arbitral Awards - International treaty ensuring enforcement of international arbitration awards when parties from different countries are involved

State Arbitration Laws: Including the Uniform Arbitration Act and state-specific arbitration statutes that govern arbitration proceedings at the state level and choice of law provisions

Scope of Arbitrable Matters: Legal consideration determining which disputes can be subject to arbitration and which must be resolved through courts

Enforceability Requirements: Legal standards and conditions that must be met for an arbitration agreement to be considered valid and enforceable

Jurisdictional Issues: Considerations regarding which courts or arbitration tribunals have authority over specific disputes and parties

Due Process Requirements: Constitutional and procedural safeguards that must be respected in arbitration proceedings to ensure fairness

Public Policy Limitations: Restrictions on arbitration based on public policy concerns and non-arbitrable matters as defined by law

Supreme Court Precedents: Relevant decisions from the U.S. Supreme Court that interpret and shape arbitration law and its application

Circuit Court Decisions: Relevant federal appellate court decisions that provide binding precedent within their jurisdictions on arbitration matters

State Court Interpretations: State-specific court decisions and interpretations of arbitration law that may affect the agreement's enforcement

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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