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This arbitration agreement is between Name Business / Individual , an individual (the "Claimant") and Name Business / Individual , an individual (the "Respondent").
The Claimant has a claim against the Respondent arising out of a dispute over Description (the "Dispute").American Arbitration Association / The CPR Institute for Dispute Resolution / Other
The parties have decided to refer to and finally resolve the Dispute through arbitration under the applicable rules (the "Rules") of the American Arbitration Association ("AAA") rather than in court.
This agreement is intended to serve as the parties' submission of the Dispute to arbitration and sets forth the terms on which the arbitration will be conducted.
The parties therefore agree as follows:
1. SUBMITTAL TO ARBITRATION.
The parties shall not litigate their Dispute. The Dispute shall be determined finally by binding arbitration conducted before the Arbitrator described below under the provisions set forth in this agreement (the "Arbitration"). The parties will abide by and perform any ruling, judgment, or award issued by the Arbitrator, and any court having jurisdiction may enter judgment on the award.
2. INITIATION OF ARBITRATION.
To initiate the arbitration process, the Claimant must file a written claim with the governing authority. Claims can be filed at the office of Name , Street address , City , State , ZIP Code Yes / No or online at URL . The Claimant shall serve the claim on the Respondent in accordance with the Rules.
3. ARBITRATOR. Single arbitrator / Panel of three arbitrators
There shall be three arbitrators (the "Arbitrators"), appointed as follows: Yes / No pursuant to the Rules.
4. HEARING.
The place of Arbitration shall be City , State . The Arbitrators shall set the specific location, date, and time for the hearing in this case (the "Hearing") after consulting with the parties, and provide no fewer than twenty days' notice to each party when he or she has determined the specific location, date, and time.
5. APPLICABLE LAW AND RULES.
6. PRELIMINARY RELIEF.
Either party may apply to the Arbitrator
7. DISCOVERY. Arbitrator / In this agreement 45 days / 60 days
The Arbitrator
8. CONDUCT OF HEARING. Yes / No
Prohibited / Can be transcribed
9. AWARD. Written explanation / Decision only Yes / No
10. CONFIDENTIALITY.
Except as may be required by law, parties, witnesses, and arbitrators may not disclose the existence, content, or results of any Arbitration without the prior written consent of both parties.
11. CONSIDERATION.
In addition to any other consideration, each party's promise to resolve the Dispute by Arbitration in accordance with the provisions of this agreement, rather than through the courts or other bodies, is consideration for the other party's promise.
12. EXCLUSION OF LIABILITY.
The Arbitrators shall not be liable to any party for any act or omission in connection with any Arbitration conducted under this agreement.
13. AMENDMENTS.
No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative.
14. ASSIGNMENT AND DELEGATION.
15. COUNTERPARTS; ELECTRONIC SIGNATURES.
16. SEVERABILITY.
If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.
17. NOTICES.
| Claimant Name Contact name/title Street address City , State ZIP Code |
| Res Name Contact name/title Street address City , State ZIP Code |
18. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
19. ENTIRE AGREEMENT.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.
20. HEADINGS.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.
21. EFFECTIVENESS.
This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.
22. NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.
SIGNATURE PAGE FOLLOWS
Each party is signing this agreement on the date stated opposite that party's signature.
| Claimant Name | |
| Date:______________________________ | By:____________________________________________________________ |
| Name: Yes / No Claimant Name Name Name Title: Title |
|
| Res Name | |
| Date:______________________________ | By:____________________________________________________________ |
| Name: Yes / No Res Name Name Name Title: Title |