This form brings together several boilerplate contract clauses that work together to outline the procedures for arbitration of any disputes and to establish the laws and legal jurisdiction that will govern such arbitration should it become necessary.
Massachusetts Putting It All Together - Arbitration Provisions
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Arbitration clauses are often enforced ing to contract law principles. However, some jurisdictions hold them unenforceable if there has been any fraud, overreaching, or the absence of mutuality with terms such as ?any,? ?all,? or ?every? (as opposed to ?some?) in the arbitration clause.
If a party to an arbitration wishes to challenge an award for any reason, they need to make an application to a court except in the rare case where the parties' agreement provides for some type of appellate proceeding within the arbitration.
Arbitration clauses are frequently paired with class action waivers, which prevent contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also often include a provision which requires parties to waive their rights to a jury trial.
In turn, the standard LCIA arbitration clause reads as follows: ?Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be ...
Some contracts give you the right to opt out of the forced arbitration clause within a certain period of time, often 30 to 60 days, after signing the agreement by notifying the company that you wish to opt out. Check your contract for the deadline and for specific instructions for opting out.
No right to an appeal: Unless the parties agree otherwise, you generally don't have the right to appeal an arbitrator's decision if it goes against you.
If the contract doesn't provide a way to opt out of the arbitration agreement, then tell the other party you don't want to agree to the arbitration clause. Ask them if they will allow you to sign the contract without the arbitration clause.
C. 251 (?Massachusetts Act?), is the Commonwealth's version of the Federal Arbitration Act. The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate ?valid, enforceable and irrevocable,? except on the grounds for the revocation of other contracts.