Written contracts may contain an arbitration clause. By using such a clause, the parties agree to arbitrate any future disputes."Explore this comprehensive document that provides a solution for handling potential disagreements in business dealings outside of conventional methods. Binding Arbitration. The arbitrator will not have the power to add to, modify or change any of the provisions of this Agreement, or to make mistakes of law. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. EMS responded with a motion to dismiss or to stay the case and to compel arbitration, based on the arbitration clause in the merchant agreement. Contract provisions requiring signatories to submit their disputes to arbitration are not uncommon, especially in the construction arena.