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This is a sample form of agreement to arbitrate any disputes arising out of a particular relationship. It calls for mandatory arbitration before one arbitrator, pursuant to rules of JAMS (an arbitration organization) applicable at the time of commencement of the arbitration. It will need to be tailored to the desires of the parties and take into account any specific laws and rules applicable to the situation, such as laws related to consumers, employees and patients. The form is in Microsoft Word format and can be easily customized and modified to fit your needs.
Form: Explanation: Arbitration Agreement This is a sample form of agreement to arbitrate any disputes arising out of a particular relationship. It calls for mandatory arbitration before one arbitrator, pursuant to rules of JAMS (an arbitration organization) applicable at the time of commencement of the arbitration. It will need to be tailored to the desires of the parties and take into account any specific laws and rules applicable to the situation, such as laws related to consumers, employees and patients. Form 8.20 Arbitration Agreement This is an agreement between the undersigned parties with respect to the arbitration of any all disputes arising between them. 1. Arbitration. If a controversy, claim or dispute arises or relates to any agreement, transaction or relationship between the undersigned parties, such matter shall be resolved solely and exclusively pursuant to confidential binding arbitration pursuant to the commercial arbitration rules of JAMS in existence at the time of the commencement of the arbitration. Any dispute as to whether a matter is covered by arbitration shall be resolved pursuant to this Agreement. 2. Arbitrator. A single arbitrator shall be chosen that is acceptable to both parties. If the parties are not able to agree upon an acceptable arbitrator within 30 days after the commencement of the arbitration action, the arbitrator shall be selected by JAMS. 3. Fees and Expenses. The administrative fee charged by JAMS shall be advanced and paid for by the party bringing the arbitration action. The fees and expenses of the arbitrator shall be shared equally by the parties. Each party shall bear its own attorney fees and expert witness fees in connection with the arbitration. The arbitrator shall not award attorney's fees or costs to the prevailing party. 4. Location. Arbitration proceedings shall be held in [CITY], [STATE]. 5. Discovery. The arbitrator shall have the power to authorize reasonable discovery and to issue any necessary orders and subpoenas. 6. Decision. The arbitrator shall issue a simple written decision setting forth the prevailing party and the damages or other remedy awarded. No explanation or formal opinion shall be issued by the arbitrator in order to minimize the cost of the arbitration. 7. Miscellaneous. (a) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE] without regard to conflict of law principles. (b) Entire Agreement. This Agreement, contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof. (c) Amendment. This Agreement may be amended only by a writing signed by the parties hereto. 2 (d) Severability. If any term, provision, covenant, or condition of this Agreement, or the application thereof to any person, place, or circumstance, shall be held to be invalid, unenforceable, or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. (e) Construction. The headings and captions of
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