Contractual arbitration is a means of bypassing the judicial system and is voluntary in the sense that the parties have entered into an agreement to resolve. Check your contract (or agreement) to confirm jurisdiction.Our original ClauseBuilder online tool assists individuals and organizations in developing clear and effective arbitration and mediation agreements. PAR's Buyer Agency Contract includes all of the legallyrequired language and allows for a buyer's broker fee to be structured in several ways. Examples of contract principles that a party may invoke to invalidate an arbitration agreement include: ▫ Lack of mutual assent (see Bair v. This short article will highlight some of the most contentious issues that affect the enforceability of arbitration provisions. "The FAA makes agreements to arbitrate enforceable to the same extent as other contracts. " Harris, supra, 183 F.3d at 178. Manor Care of Elizabethtown, PA, LLC provides an example of what criteria may render an arbitration agreement invalid under Pennsylvania law. For example, the arbitration provision in the Shannon Chilutti agreement states it relates to.