This form is an Arbitration Agreement. The form provides that the agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process.
Indiana Arbitration Agreement - Future Dispute
Category:
State:
Multi-State
Control #:
US-00416-2
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Civil disputesCommercial disputes involving business disputes, consumer transactions, boundary disputes and tortious claims are arbitrable and fall under the jurisdiction of the arbitration.
Furthermore, you usually can't appeal an arbitration agreement. Therefore, if you feel like the arbitrator's decision is unfair or wrong, you don't have the right to have the appellate court take a second look at it. You are bound by the decision of the arbitrator.
The Federal Arbitration Act provides that the enforceability of an arbitration agreement, is determined using generally applicable contract defenses, such as fraud, duress, or unconscionability. Under California law, a contract signed under economic duress may be rescinded.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
In binding arbitration, the arbitrator's decision is final. It may not be reviewed or overturned by a court except in very limited circumstances, such as when fraud or misuse of power has been involved. In nonbinding arbitration, either party may reject the arbitration award and demand a trial instead.
With the help of experienced arbitration counsel and arbitrators, the process is generally more efficient than pursing a dispute in court and indeed presents a more flexible and immediately available option which may be key in current circumstances.
Under the Armendariz standards, an arbitration agreement will not be enforced in California if it is both "procedurally unconscionable" and "substantively unconscionable." Any arbitration agreement required as a condition of employment (i.e., any mandatory arbitration agreement) is automatically considered procedurally
Civil disputesCommercial disputes involving business disputes, consumer transactions, boundary disputes and tortious claims are arbitrable and fall under the jurisdiction of the arbitration.
There is no right to appeal in arbitration like there is in court. If the parties agree to use the AAA to handle the appeal, the AAA will treat the appeal like a new case filing and more fees would have to be paid. Under federal and state laws, there are only a few ways to challenge an arbitrator's award.
Unconscionable Arbitration Agreements Will Not Be Enforced You can also escape an arbitration agreement by demonstrating that the terms of the agreement itself are inherently unequal in favor of the employer. Courts require both of the aforementioned methods to show the agreement is unconscionable, thus unenforceable.
