Arizona Arbitration Agreement - Existing Dispute

State:
Multi-State
Control #:
US-00416-3
Format:
Word; 
Rich Text
Instant download

Description

This arbitration agreement is executed between the parties and they agree to submit their dispute to arbitration. The parties agree that the dispute shall be submitted to binding arbitration under the rules of an arbitrator or Arbitration Association associate selected by the parties. If the parties cannot agree on an arbitrator or the applicable rules, the dispute shall be arbitrated by the American Arbitration Association and be governed by the rules of the American Arbitration Association at the request of either party.

The Arizona Arbitration Agreement — Existing Dispute refers to a legally binding contract that outlines the procedure for resolving disputes between parties through arbitration in the state of Arizona. It is primarily utilized in situations where there is already a dispute between two parties, and they aim to settle it through an arbitration process rather than going to court. Arbitration is a confidential and alternative method of dispute resolution where an impartial third party, called an arbitrator, is chosen to listen to both sides of the dispute and make a binding decision. The agreement provides a framework for the arbitration process, including the selection of the arbitrator, the rules and procedures to be followed during the proceedings, and the enforcement of the arbitrator's decision. The Arizona Arbitration Agreement — Existing Dispute ensures that both parties voluntarily agree to resolve their conflict through arbitration, and it emphasizes the enforceability of the final decision. This agreement can be used in various types of disputes, such as commercial or business disputes, employment-related conflicts, contractual disagreements, or even family law matters. Different types of Arizona Arbitration Agreements related to existing disputes may include: 1. Commercial Arbitration Agreement — Existing Dispute: This agreement is applicable to disputes arising out of commercial transactions, contracts, or business relationships. It provides specific guidelines and rules tailored to commercial disputes and ensures a streamlined arbitration process. 2. Employment Arbitration Agreement — Existing Dispute: Designed for resolving disputes between employers and employees, this type of agreement addresses workplace conflicts, labor disputes, or claims related to wrongful termination, discrimination, harassment, or wage disputes. 3. Contractual Arbitration Agreement — Existing Dispute: Focused on settling disputes arising from contractual obligations, this agreement outlines the terms and conditions for resolving conflicts arising from breach of contract, interpretation issues, or disagreements over performance or delivery obligations. It is crucial for parties considering an Arizona Arbitration Agreement — Existing Dispute to thoroughly understand and review the terms and conditions before signing, as it may affect their legal rights to pursue litigation in court. Consulting with a lawyer or legal professional who specializes in arbitration and Arizona state law is highly recommended ensuring a fair and comprehensive agreement.

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FAQ

Yes, it is possible for arbitration clauses to apply to claims that predate the contract containing the arbitration clause at issue. Retroactive application of an arbitration clause depends on the language of the arbitration provision and applicable substantive law.

Takeaway. When there is any dispute as to the validity of an arbitration agreement, parties shall decide whether they should go to the court or the arbitral tribunal by considering whether it is clear on the evidence and the construction of the agreements on the question of jurisdiction.

If an employee can show some substantial relationship between the fraud committed or the misrepresentation made by the employer and the arbitration agreement, a court will void the agreement.

In 1991, the Supreme Court reaffirmed the position that an arbitration clause may survive expiration of the agreement containing the clause.

In a nutshell, it can be concluded that claiming of arbitration clause after dispute varies according to situation. If the parties are not satisfied with the decision of mediation, conciliation or negotiation than they can opt for arbitration.

Under the Armendariz standards, an arbitration agreement will not be enforced in California if it is both "procedurally unconscionable" and "substantively unconscionable." Any arbitration agreement required as a condition of employment (i.e., any mandatory arbitration agreement) is automatically considered procedurally

Does the law apply to arbitration agreements that have been signed prior to the law's enactment? Yes. The law applies retroactively to all existing arbitration agreements, even to those agreements signed before the law was enacted.

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Arizona Arbitration Agreement - Existing Dispute