The short answer is that you can get a court order if your counterparty refuses to willingly cooperate with the arbitration process. In commercial litigation, arbitration clauses are not severable if the dispute's sole cause of action seeks to rescind the entire contract.Whether it is a good idea or not to include an arbitration clause in your business contracts is an individual decision. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement. Check out our detailed guidance on drafting an arbitration clause specifically tailored to your contract, here, and a sample clause, here. At its core, an arbitration agreement is a legally binding contract. Arbitration is a common occurrence in business disputes. Mandatory Arbitration Clauses in Insurance Policies - Palm Beach County Property Damage Lawyer. Arbitration is an approach to settling disputes in an effort to avoid going to court. Did you sign an arbitration agreement when you admitted your loved one to a nursing home?