Arbitration Agreements

Arbitration depends upon agreement between the parties for enforceability. This Agreement may have been established between the parties as a term of their original contract negotiations. Alternatively, the parties may also agree to arbitrate at the time the dispute arises.

Agreements negotiated between the parties at the time of the original contract may provide for specifics regarding the Arbitration process. For example, the number, qualification and process for selecting arbitrators may be defined with particularity. Rules of procedure, award of fees, rights of appeal and requirements for a written judgment are also commonly specified in the Agreement. Such Agreements are enforceable as a matter of contract law. Amendment at the time the dispute arises typically requires agreement between the parties.

Agreements to arbitration established at the time the dispute arises can address similar issues and provides the parties with an opportunity to tailor the arbitration process to the particular dispute. The Standard Arbitration Agreement provides a simplified set of terms for initiating these services.