Agreement To Arbitrate Disputes

State:
Multi-State
Control #:
US-0009BG
Format:
Word; 
Rich Text
Instant download

Description

Online arbitration is different from traditional arbitration. The common thought that online arbitration is just the combination of online mechanisms and traditional arbitration is not true. The main thesis of this article is that online arbitration is different from traditional arbitration not only because it is held online or partly online but also because its definition elements may vary from those of traditional arbitration definition. The article aims to provide an inclusive and precise definition of online arbitration and extract different types of online arbitration from the definition accordingly. In order to define online arbitration accurately, it is helpful to look closely at the component elements of traditional arbitration from which it evolved. Naturally, there is much commonality across the two forms, but also relevant differences in the detail of component elements of both. Moreover, some component elements may not be shared at all, belonging uniquely to just one form of arbitration. A study of the component elements of both forms is therefore necessary to provide a definition of online arbitration.
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FAQ

A mandatory arbitration agreement should identify the rules, procedures, and evidentiary guidelines to be applied. Many agreements opt for a particular forum's rules and procedures. If there are any rules that the parties want to opt out of (e.g., a limitation on discovery), state as much in the arbitration agreement.

II. Common components of an arbitration clauseAn explicit referral of disputes to arbitration;The governing law of the arbitration agreement;The seat of arbitration;The rules governing the arbitration;The number of arbitrators and their method of selection (see Arbitrator appointment); and.More items...?

Every person (including a foreigner) who is competent to contract can enter into an arbitration agreement. He must have attained the age of majority according to the law to which he is subject and must be of sound mind and must not be disqualified from contracting by the law by which he is governed.

An arbitration agreement must be in writing; An arbitration agreement must comply with the requirements of a valid contract; An arbitration agreement must be in respect of a dispute that is arbitrable; Parties may agree on the number of arbitrators and their nationalities (subject to it being an odd number);

Top 10 tips for drafting arbitration agreementsIntroduction.Scope of the arbitration agreement.Seat of the arbitration.Governing law of the arbitration agreement.Choice of rules.Language.Number and appointment of arbitrators.Specifying arbitrator characteristics.More items...

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Arbitration is a commonly used form of alternative dispute resolution (ADR). ADR is a process for resolving disputes outside of the public court system.Once the existence of an arbitration agreement has been established, a presumption attaches in favor of hearing the dispute in arbitration.

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Agreement To Arbitrate Disputes