Federal Arbitration Act (FAA): Primary federal law governing arbitration in the United States that must be considered when drafting inter-company arbitration agreements
Interstate Commerce Act: Federal legislation that becomes relevant if the arbitration agreement involves business activities across state lines
Federal Rules of Civil Procedure: Federal rules that may impact procedural aspects of the arbitration process
State Arbitration Statutes: State-specific laws governing arbitration that must be considered alongside federal law
State Contract Laws: General contract law principles specific to the relevant state that affect formation and enforcement of the agreement
New York Convention: International treaty on Recognition and Enforcement of Foreign Arbitral Awards, relevant if agreement has international implications
Written Agreement Requirement: Legal requirement that arbitration agreements must be in writing to be enforceable
Arbitrator Selection Provisions: Legal requirements for fair and unbiased selection of arbitrators and process specification
Venue and Jurisdiction Clauses: Legal requirements for specifying where arbitration will take place and which laws will govern
Due Process Requirements: Legal obligations regarding notice, fair hearing, and equal opportunity to present case
Discovery Rules: Legal framework for how evidence can be obtained and shared during arbitration process
Cost Allocation Provisions: Legal requirements for specifying how arbitration costs will be shared or allocated between parties
Waiver of Court Proceedings: Legal requirement for clear and explicit waiver of right to pursue court litigation
Award Finality Provisions: Legal requirements for specifying the binding nature and finality of arbitration decisions
