The Employer Arbitration Agreement serves as a crucial document for organizations operating in Ireland who wish to establish a clear, efficient, and legally compliant framework for resolving employment-related disputes through arbitration rather than traditional court litigation. This document becomes relevant either at the commencement of employment or as a separate agreement during employment, ensuring both parties understand and agree to the arbitration process for future disputes. It must comply with Irish employment law, including the Arbitration Act 2010, various employment protection statutes, and EU directives, while maintaining fairness and accessibility for all parties. The agreement typically outlines the types of disputes subject to arbitration, procedural requirements, arbitrator selection process, cost allocation, and confidentiality obligations, providing a comprehensive framework for alternative dispute resolution in the employment context.
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1. Parties: Identifies the employer and employee as parties to the agreement
2. Background: Sets out the context of the agreement and employment relationship
3. Definitions: Defines key terms used throughout the agreement
4. Agreement to Arbitrate: Core provision establishing mutual agreement to resolve disputes through arbitration
5. Scope of Arbitration: Defines which disputes are covered by and excluded from the arbitration agreement
6. Arbitration Procedure: Details the process for initiating and conducting arbitration
7. Selection of Arbitrator: Process for choosing the arbitrator and requirements for arbitrator qualifications
8. Costs and Fees: Allocation of arbitration costs between parties
9. Confidentiality: Provisions regarding confidentiality of arbitration proceedings
10. Governing Law: Specifies Irish law as governing law and confirms compliance with relevant legislation
11. Severability: Ensures remainder of agreement remains valid if any provision is found unenforceable
12. Entire Agreement: Confirms this document represents the complete agreement regarding arbitration
1. Class Action Waiver: Waiver of right to participate in class actions - include where permitted by Irish law
2. International Disputes: Additional provisions for companies with international operations
3. Translation Provisions: Include when agreement needs to be provided in multiple languages
4. Remote Arbitration Procedures: Specific provisions for conducting arbitration remotely or virtually
5. Union Agreement Reference: Include when employees are covered by collective bargaining agreements
6. Statutory Claims: Specific provisions addressing handling of statutory employment claims
1. Schedule 1 - Arbitration Rules: Detailed rules and procedures governing the arbitration process
2. Schedule 2 - Fee Schedule: Breakdown of arbitration fees and cost allocation
3. Schedule 3 - Notice Forms: Standard forms for initiating arbitration and related notices
4. Appendix A - Excluded Claims: Detailed list of claims excluded from arbitration
5. Appendix B - Arbitrator Qualifications: Detailed requirements and qualifications for arbitrators
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