Collective Arbitration agreements have become increasingly important in U.S. dispute resolution, particularly following key Supreme Court decisions supporting their enforceability. These agreements are used when multiple parties have similar claims against the same defendant, but prefer or are required to resolve their disputes through arbitration rather than court litigation. The document typically includes detailed procedures for arbitration, class member rights, cost allocation, and opt-out provisions. The agreement must comply with the Federal Arbitration Act and relevant state laws, while balancing the efficiency of collective action with the benefits of arbitration.
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1. Parties: Identification of all parties to the collective arbitration agreement
2. Background: Context and purpose of the collective arbitration agreement
3. Definitions: Key terms used throughout the agreement including class definitions and scope
4. Scope of Arbitration: Detailed description of disputes covered under the collective arbitration
5. Arbitration Procedures: Process and rules governing the arbitration including selection of arbitrator and venue
6. Notice and Communication: Procedures for notifying class members and communication protocols
7. Cost Allocation: How arbitration costs, fees, and expenses will be shared or allocated
8. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings
9. Governing Law: Specification of applicable laws and jurisdiction
1. Opt-out Provisions: Terms allowing parties to opt out of collective arbitration within specified timeframes
2. Discovery Procedures: Specific rules for information exchange and evidence gathering
3. Appeals Process: Procedures for appealing arbitration decisions and grounds for appeal
4. Severability: Provisions addressing the survival of agreement terms if others are found invalid
5. Alternative Dispute Resolution: Pre-arbitration dispute resolution procedures such as mediation
1. Schedule A - Arbitration Rules: Detailed procedures and rules governing the arbitration process
2. Schedule B - Class Definition: Detailed definition of class members and criteria for inclusion
3. Schedule C - Fee Schedule: Breakdown of arbitration costs, fees, and payment terms
4. Schedule D - Notice Forms: Templates for class member notifications and opt-out forms
5. Schedule E - Timeline: Expected timeline for arbitration proceedings and key deadlines
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