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Arbitration Policy for the United States

Arbitration Policy Template for United States

An Arbitration Policy is a legally binding document that establishes alternative dispute resolution procedures under U.S. law. It outlines the process for resolving disputes through arbitration rather than litigation, typically covering the scope of arbitrable claims, procedural requirements, arbitrator selection, cost allocation, and enforcement mechanisms. The policy must comply with the Federal Arbitration Act and relevant state laws while incorporating key Supreme Court precedents.

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What is a Arbitration Policy?

The Arbitration Policy serves as a crucial risk management tool for organizations operating in the United States. It provides a structured framework for resolving disputes outside the traditional court system, potentially reducing costs and time associated with litigation. This document typically becomes necessary when organizations seek to establish consistent dispute resolution procedures across their operations. The policy must carefully balance enforceability under U.S. federal and state laws with fairness to all parties involved, while incorporating provisions that address both domestic and, where relevant, international arbitration requirements.

What sections should be included in a Arbitration Policy?

1. Purpose and Scope: Defines the intent and coverage of the arbitration policy, including the types of relationships and disputes it governs

2. Definitions: Defines key terms used throughout the policy including 'Arbitration', 'Claim', 'Dispute', 'Parties' and other relevant terminology

3. Agreement to Arbitrate: Core provision establishing mutual obligation to arbitrate and acknowledgment of understanding of rights waived

4. Covered Claims: Detailed description of disputes subject to arbitration and any specific exclusions from arbitration

5. Arbitration Procedures: Comprehensive process for initiating and conducting arbitration, including selection of arbitrators and applicable rules

6. Costs and Fees: Allocation of arbitration costs, filing fees, and attorney fees between parties

7. Governing Law: Specification of applicable law and jurisdiction governing the arbitration agreement

What sections are optional to include in a Arbitration Policy?

1. Class Action Waiver: Explicit waiver of right to participate in class or collective actions, used when organization wants to prevent class proceedings

2. Opt-out Provisions: Detailed process for opting out of arbitration agreement, including timeframes and procedures, used when providing choice to accept or reject arbitration

3. International Disputes: Special provisions for handling international arbitration matters, including choice of venue and applicable international rules

4. Severability: Provision ensuring that if any part of the agreement is found invalid, the remainder stays in effect

What schedules should be included in a Arbitration Policy?

1. Schedule A - Fee Schedule: Detailed breakdown of arbitration costs and fee allocation between parties

2. Schedule B - Arbitrator Selection Process: Step-by-step procedures for selecting arbitrators, including qualifications and disqualification criteria

3. Schedule C - Form of Notice: Template form for initiating arbitration proceedings, including required information and submission process

4. Schedule D - Arbitration Rules: Detailed procedural rules governing the arbitration process, including discovery, hearings, and awards

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses


















Industries

Federal Arbitration Act (FAA): Primary federal law governing arbitration in the United States that establishes the enforceability of arbitration agreements and provides the basic framework for federal arbitration procedures

Federal Rules of Civil Procedure: Procedural rules that may impact arbitration proceedings, particularly regarding discovery and enforcement of arbitration awards

Civil Rights Act: Federal employment laws that must be considered when drafting arbitration policies, especially for employment-related disputes

State Arbitration Statutes: State-specific laws governing arbitration that may supplement or modify federal requirements within the state's jurisdiction

State Contract Laws: General contract formation and enforcement principles that apply to arbitration agreements under state law

AT&T Mobility LLC v. Concepcion (2011): Supreme Court decision upholding the enforceability of class action waivers in arbitration agreements

Epic Systems Corp. v. Lewis (2018): Supreme Court ruling confirming that employers can enforce individual arbitration agreements in employment contracts

Lamps Plus, Inc. v. Varela (2019): Supreme Court decision establishing that class arbitration cannot be compelled unless specifically agreed to by both parties

Unconscionability Doctrine: Legal principle requiring arbitration agreements to be both procedurally and substantively fair to be enforceable

Due Process Requirements: Fundamental fairness requirements including neutral arbitrator selection, reasonable discovery, and fair hearing procedures

Class Action Considerations: Provisions addressing whether class actions are permitted or waived in the arbitration process

Cost Allocation Rules: Specifications for how arbitration costs and fees will be divided between parties

Severability Provisions: Clauses ensuring that if one part of the arbitration agreement is found invalid, the rest remains enforceable

Electronic Signature Compliance: Requirements for valid electronic execution of arbitration agreements under applicable e-signature laws

Scope of Arbitrable Claims: Clear definition of which types of disputes are subject to mandatory arbitration under the policy

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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