Agree Initials Arbitration Agreement For Free - Arbitration Agreement

ARTICLE 425- (1) The parties or an arbitration institution chosen by the parties are free to determine the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitrator or the arbitral tribunal ing to the circumstances of the case.

What is an arbitration agreement? It's typically a clause in a broader contract in which you agree to settle out of court, through arbitration cases, any dispute that arises with your counterpart.

In most cases, this decision is binding. In other words, it is the equivalent of a judge's ruling and is not a mere suggestion. In most cases, arbitration is a voluntary process. In other words, both parties must agree to arbitrate their dispute ? one party cannot be ?forced? into it.

In union-management arbitrations of cases in which employees have been discharged or disciplined, the burden of proof is on the employer. As such, the arbitrator requests the employer to proceed first at the arbitration hearing. Labor arbitration hearings are informal.

The starting point is that the parties have to agree to go to arbitration. They might agree to do so even before any dispute arises ? quite often the agreement to go to arbitration will be in the original contract between the parties.

If you already have claims against your employer when you are asked to sign the agreement, you should absolutely talk to a lawyer before signing. After all, an arbitration agreement gives up your right to sue in court, and that right is much more valuable when you have an actual claim to make against your employer.

No jury trial: If you agree to arbitration, you lose the right to have a jury of your peers decide the facts of your case. 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.