West Virginia Arbitration - Long-Form Provision

State:
Multi-State
Control #:
US-ND2309
Format:
Word; 
PDF
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Description

This form brings together several boilerplate contract clauses that work together to outline the procedures for arbitration of any disputes and to establish the laws and legal jurisdiction that will govern such arbitration should it become necessary.

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FAQ

Much like the opening statement in a trial, your arbitration statement should lay out what the ?evidence? ? the written material ? will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.

A claimant will typically start arbitration by sending a document known as a ?request for arbitration? or a ?notice to arbitrate? to its opponent.

The request for arbitration shall designate each party to the dispute and provide their contact information, including electronic mail address, street address and telephone number.

Arbitration clauses are frequently paired with class action waivers, which prevent contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also often include a provision which requires parties to waive their rights to a jury trial.

The Demand for Arbitration shall include the basis of the claim against the Respondent(s); the amount of damages the Claimant(s) seeks in the Arbitration; the name, address and telephone number of the Claimant(s) and their attorney, if any; and the name of all Respondent(s).

Dear [Arbitrator's Name], I am writing on behalf of [Company Name] and [Union Name], who have a collective agreement in place. We are writing to request that you hear our grievance involving [Name of Grievance]. [Company Name] and [Union Name] have both agreed to arbitration in the event of a dispute.

In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...

The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. ... Choice of Rules. ... The Number of Arbitrators. ... Appointing Authority. ... Choice of Venue. ... The language of the proceedings. ... Finality. ... Exclusion of the right of appeal.

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West Virginia Arbitration - Long-Form Provision