A Submission Clause in Arbitration Agreement is essential when parties wish to establish a clear framework for dispute resolution outside traditional court systems. This document, governed by U.S. federal and state arbitration laws, specifies how and when disputes will be submitted to arbitration, the scope of arbitrable matters, and the procedural framework for the arbitration process. It's particularly crucial in commercial contracts where parties seek efficient, private, and potentially less costly dispute resolution mechanisms. The clause typically includes details about the arbitration process, selection of arbitrators, applicable rules, and the binding nature of the arbitration decision.
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1. Parties: Identification of parties entering into the arbitration agreement
2. Background: Context and purpose of the arbitration agreement
3. Definitions: Key terms used in the agreement including relevant legislation and procedural rules
4. Scope of Arbitration: Detailed description of matters subject to arbitration and any exclusions
5. Arbitration Rules: Specification of applicable arbitration rules and procedures
6. Appointment of Arbitrators: Process for selecting arbitrators including number, qualifications, and appointment procedure
7. Governing Law: Specification of law applicable to the arbitration agreement and proceedings
1. Multi-tier Dispute Resolution: Pre-arbitration steps such as negotiation or mediation requirements
2. Costs and Fees: Specific arrangements for allocation of arbitration costs and fees
3. Emergency Relief: Provisions for seeking urgent interim measures or emergency arbitrator
4. Confidentiality: Specific provisions regarding confidentiality of arbitration proceedings
5. Language of Arbitration: Specification of language for proceedings when parties are from different jurisdictions
1. Schedule A - Arbitration Rules: Detailed rules of chosen arbitration institution
2. Schedule B - Fee Schedule: Breakdown of arbitration costs and fees including administrative charges
3. Schedule C - Model Notice of Arbitration: Template form for initiating arbitration proceedings
4. Schedule D - Arbitrator Qualification Requirements: Specific qualifications and experience required for arbitrators
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