Oregon Arbitration Agreement - Existing Dispute

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Multi-State
Control #:
US-00416-3
Format:
Word; 
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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.

Oregon Arbitration Agreement — Existing Dispute is a legal contract entered into by parties involved in a pre-existing dispute in the state of Oregon. This agreement aims to settle the dispute outside the court, utilizing the process of arbitration. Arbitration is a form of alternative dispute resolution (ADR) where an impartial third party, known as an arbitrator, reviews the evidence and arguments presented by both parties and ultimately makes a decision that is binding on all parties involved. By choosing arbitration, the parties agree to forgo litigation and resolve their disputes in a more efficient and cost-effective manner. In Oregon, there are different types of arbitration agreements for existing disputes. One common type is binding arbitration. In binding arbitration, the decision made by the arbitrator is final and legally enforceable, leaving limited options for appeal. This type of arbitration is often chosen when the parties wish to achieve a timely resolution and avoid lengthy court proceedings. Another type of arbitration agreement commonly used in Oregon is non-binding arbitration. In non-binding arbitration, the decision made by the arbitrator serves as a recommendation rather than a final judgment. The parties are not obligated to accept the arbitrator's recommendation and can proceed to litigation if they are not satisfied with the outcome. The Oregon Arbitration Agreement also allows parties to define the rules and procedures that will govern the arbitration process. These rules may include the selection of the arbitrator, the timeline for submitting evidence and arguments, and the location of the arbitration hearings. By having the ability to shape the arbitration process, the parties can ensure that it aligns with their specific needs and concerns. Furthermore, the Oregon Arbitration Agreement may address other important elements such as confidentiality, costs, and the allocation of attorney fees. Parties can agree to keep the arbitration proceedings confidential, protecting sensitive information from public disclosure. They may also define how the costs of arbitration will be shared between the parties and whether the prevailing party will be entitled to reimbursement for its attorney fees. In conclusion, the Oregon Arbitration Agreement — Existing Dispute is a legal contract that allows parties involved in a pre-existing dispute to resolve their issues through arbitration rather than going to court. It offers the flexibility to choose between binding and non-binding arbitration and enables the parties to tailor the process to suit their specific needs. By signing this agreement, the parties agree to abide by the arbitrator's decision and achieve a swift and cost-effective resolution to their dispute.

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FAQ

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

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.

Is arbitration legal? Yes. The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.

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.

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.

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

The OUAA provides that a written agreement to arbitrate a dispute is presumptively valid, enforceable, and irrevocable except where there are legal or equitable grounds for the revocation that apply to any contract (Or. Rev. Stat. § 36.620(1)).

The findings of the arbitrator are generally binding. With the more certain scheduling than the courts, and the binding result, this system is an excellent way to resolve disputes.

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Oregon Arbitration Agreement - Existing Dispute