This is an agreement between two parties to submit all claims and disputes to binding
arbitration. This template agreement sets forth the requirements of the arbitration
process, such as allowing opportunities for the drafting parties to select the location of
the arbitral tribunal, to select the arbitration rules, and to select the arbitrator. This
document can be customized to fit the needs of the drafting parties. This agreement is
useful to individuals or businesses seeking to arbitrate all claims and disputes.
AGREEMENT TO SUBMIT CLAIMS
THIS AGREEMENT is made on this ____ day of ________, 20____, by and between:
____________________, having its Principal offices at _____________________________ (the
____________________, residing at _______________________________ (‘XYZ’).
WHEREAS the Company and XYZ (the ‘Parties’) are parties to a Contract dated
____________________ entitled _____________________________ (the ‘Agreement’);
WHEREAS some differences exist between the Parties regarding the performance obligations
under the said Agreement; and
WHEREAS the Parties hereby voluntarily consent to refer such differences under the said
Agreement to final and binding arbitration.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. The Parties hereby agree to submit all their differences and disputes relating to the said
Agreement to final and binding arbitration as the sole exclusive remedy, instead of resorting to
any court action, which is hereby expressly waived.
2. The arbitration hearing pursuant to this Agreement shall take place at
______________________________ or at such other reasonable place as chosen by Arbitrator
upon ___________ day’s written notice to the Parties.
3. The arbitration shall be subject to binding arbitration under the arbitration rules set forth in
_______State______ code of civil procedure _________________________ (the "Rules") and
pursuant to law of the State ______
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4. The Parties hereby appoint _____________________________ (the ‘Arbitrator’) as the
arbitrator to decide any and all disputes and differences between the Parties under the provisions
of the said Employment Agreement.
5. Any arbitration pursuant to this Agreement shall be held in English language.
6. The Parties hereby grant full powers to the Arbitrator to hear and finally determine and
dispose of all disputes and differences between them.
7. The said Arbitrator shall give hearing to the parties either personally or through their
respective counsel. Documentary evidence and oral testimony may be presented.
8. The said Arbitrator shall record and keep minutes of the proceedings of arbitration and take
notes of evidence of witnesses as may be produced by any of the parties or which the Arbitrator
shall deem fit to examine.
9. If any party after reasonable notice neglects or refuses to attend the arbitration proceedings,
the said Arbitrator shall be at liberty to proceed ex parte.
10. The parties agree that they will cooperate with the said Arbitrator and the parties shall
produce before the Arbitrator all documents within their possession or control, which the
Arbitrator may require and call for. The said Arbitrator shall also be empowered to administer
oath to the parties and witnesses appearing before him.
11. The said Arbitrator shall make his award within _________ months after the hearing and
such an award shall be final and binding on the parties. If the award is not given within the
stipulated period or the Arbitrator dies, or becomes incapacitated due to illness or refuses to act,
this Agreement shall become null and void and the documents filed with the Arbitrator shall be
returned to the party producing the same.
12. Each party will pay its own attorney fees. Arbitrator may fix its own fee and fees of witness
who appear in the arbitration proceedings. These Fees will be paid by the parties as determined
by Arbitrators as part of their Award.
13. The award of the Arbitrator shall be filed in the court within one month from the date of
signing of the award by the Arbitrator and a decree shall be obtained in terms of the award
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14. This Agreement supersedes any prior agreements between the parties on the subject matter
IN WITNESS WHEREOF the parties have put their respective hands the day and year first
Signed and delivered by the Company
Signed and del