Arbitration Agreement /Post-Dispute (England and Wales)

This Post-Dispute Arbitration Agreement is designed for use in England and Wales. This legal form is available for immediate download.

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In recent years the expense and delay of pursuing a lawsuit in court have pushed many to opt for binding arbitration. Under binding arbitration a dispute is removed from the court system and reviewed by a neutral and independent arbitrator. Arbitration provides a cheaper and faster alternative to the court system.

There are generally two kinds of arbitration agreements: pre-dispute and post-dispute. Pre-dispute arbitration agreements set forth the understanding that any dispute arising from a particular transaction or relationship shall be heard before an arbitrator. The specific dispute in this context is generally hypothetical. In post-dispute arbitration agreements, the dispute has already occurred and the parties specifically agree to remove the dispute from the court system and bring it before a neutral arbitrator. This Post-Dispute Arbitration Agreement is for use in this type of situation.

Among others, this Post-Dispute Arbitration Agreement contains the following provisions:
  • Arbitration: The parties knowingly and willingly agree to arbitration to settle the dispute;
  • Arbitrator: Identifies the independent arbitrator;
  • Waiver of Claims: The parties agree that the dispute will be resolved solely through arbitration.

Protect your Rights and Property by using our professionally prepared up-to-date forms.

This lawyer-prepared packet includes:
  1. General Information
  2. Arbitration Agreement (Post-Dispute) for use in England and Wales
Law Compliance: This form complies with the laws of England and Wales
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.











Arbitration Agreement
Post-Dispute
(England and Wales)








This Packet Includes:
1. General Information
2. Arbitration Agreement (Post-Dispute)





General Information
Arbitration Agreement (Post-Dispute)

This kit is designed to help you draft a post-dispute arbitration agreement, affirming the decision of both parties to a dispute to have it resolved by a neutral arbitrator.

In recent years, the expense and delay of pursuing a lawsuit in court have pushed many to opt for binding arbitration.  Under a binding arbitration, a dispute is removed from the court system, and reviewed by a neutral and independent arbitrator.  Arbitration provides a cheaper, faster alternative to the court system.

There are generally two kinds of arbitration agreements; pre-dispute and post-dispute.  Pre-dispute arbitration agreements set forth an understanding that any dispute arising from a particular transaction or relationship shall be heard before an arbitrator.  The specific dispute in this context is generally hypothetical.  In post-dispute arbitration agreements, the dispute has already occurred, and the parties to it agree specifically to remove that dispute from the court system and bring it before a neutral arbitrator.

This kit includes a sample post-dispute arbitration agreement that includes italicised instructions and guidelines to assist you in preparing your own agreement.  Be sure to delete these instructions prior to completing your finished draft.






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice. The use of these materials is not a substitute for legal advice. Only a solicitor can provide legal advice.  A solicitor should be consulted for all serious legal matters.  No Solicitor-Client relationship is created by use of these materials.  



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS.
Arbitration Agreement

THIS AGREEMENT, is made as of the        day of        , 20     ,  by and between          ___          (the “First Party”), whose business address is                   , and                 (the “Second Party”, and together with the First Party, the “Parties”), whose business address is                                             .

WHEREAS,   (Briefly describe the factual history and background behind the dispute that the parties wish to arbitrate)                                                                      ;

WHEREAS the Parties wish to seek resolution of this dispute before a neutral and independent arbitrator;

NOW THEREFORE BE IT RESOLVED, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

1.  Arbitration.  The Parties hereby knowingly and voluntarily agree to resolve the following dispute (the “Dispute”) through a binding arbitration (the “Arbitration”):   (Describe the Dispute.  Be sure to define the scope of the Dispute, i.e., mention any issues related to the Dispute that you do not wish to have arbitrated)                                                                                                                                                                          .  The ruling of the Arbitrator shall be binding and final.  
2.  Arbitrator.  The Parties agree that                 (the “Arbitrator”) shall serve as the arbitrator under this Agreement.  The Arbitration shall be conducted according to the following rules and procedures:   (Insert name of arbitration organisation whose rules/procedures will be used)          .  
3.  Waiver of Claims.  The Parties hereby agree that the Dispute shall be resolved solely through Arbitration, and that both Parties knowingly and voluntarily waive any claims against each other that they may have at law or equity arising out of the Dispute.IMPORTANT:  YOU WILL NOT BE ABLE TO BRING ANY LAWSUIT AGAINST THE OTHER PARTY IN A COURT OF LAW OR BEFORE A JURY REGARDING THIS DISPUTE, NOR WILL YOU BE ABLE TO APPEAL THE RULING GIVEN BY THE ARBITRATOR.
4.  Costs.  The costs of the arbitration proceedings shall be borne as follows:    (Describe how costs will be paid, including solicitors fees,  i.e., costs are split equally by the Parties regardless of outcome, and each Party shall pay for its own solicitors fees)                                                  .  The assignment of costs to each Party in this Section 4 shall apply only to the administrative fees and other expenses of the arbitration procedure, and shall not apply to any award ordered by the Arbitrator to either Party.
5.  Further Actions.  The Parties hereby agree to execute any further documents and to take any necessary actions to initiate the Arbitration.

6.  Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

7.  Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

8.  Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

   If to First Party:      
      
      


   If to Second Party:         
         
      

9.  Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

10.  Entire Agreement.   This Agreement constitutes the entire agreement between First Party and Second Party, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.

FIRST PARTY

                  
Signature

                  
Print Name

                  
Title
SECOND PARTY

                  
Signature

                  
Print Name

                  
Title


Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#34172
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.











Arbitration Agreement
Post-Dispute
(England and Wales)








This Packet Includes:
1. General Information
2. Arbitration Agreement (Post-Dispute)





General Information
Arbitration Agreement (Post-Dispute)

This kit is designed to help you draft a post-dispute arbitration agreement, affirming the decision of both parties to a dispute to have it resolved by a neutral arbitrator.

In recent years, the expense and delay of pursuing a lawsuit in court have pushed many to opt for binding arbitration.  Under a binding arbitration, a dispute is removed from the court system, and reviewed by a neutral and independent arbitrator.  Arbitration provides a cheaper, faster alternative to the court system.

There are generally two kinds of arbitration agreements; pre-dispute and post-dispute.  Pre-dispute arbitration agreements set forth an understanding that any dispute arising from a particular transaction or relationship shall be heard before an arbitrator.  The specific dispute in this context is generally hypothetical.  In post-dispute arbitration agreements, the dispute has already occurred, and the parties to it agree specifically to remove that dispute from the court system and bring it before a neutral arbitrator.

This kit includes a sample post-dispute arbitration agreement that includes italicised instructions and guidelines to assist you in preparing your own agreement.  Be sure to delete these instructions prior to completing your finished draft.






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice. The use of these materials is not a substitute for legal advice. Only a solicitor can provide legal advice.  A solicitor should be consulted for all serious legal matters.  No Solicitor-Client relationship is created by use of these materials.  



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS.
Arbitration Agreement

THIS AGREEMENT, is made as of the        day of        , 20     ,  by and between          ___          (the “First Party”), whose business address is                   , and                 (the “Second Party”, and together with the First Party, the “Parties”), whose business address is                                             .

WHEREAS,   (Briefly describe the factual history and background behind the dispute that the parties wish to arbitrate)                                                                      ;

WHEREAS the Parties wish to seek resolution of this dispute before a neutral and independent arbitrator;

NOW THEREFORE BE IT RESOLVED, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

1.  Arbitration.  The Parties hereby knowingly and voluntarily agree to resolve the following dispute (the “Dispute”) through a binding arbitration (the “Arbitration”):   (Describe the Dispute.  Be sure to define the scope of the Dispute, i.e., mention any issues related to the Dispute that you do not wish to have arbitrated)                                                                                                                                                                          .  The ruling of the Arbitrator shall be binding and final.  
2.  Arbitrator.  The Parties agree that                 (the “Arbitrator”) shall serve as the arbitrator under this Agreement.  The Arbitration shall be conducted according to the following rules and procedures:   (Insert name of arbitration organisation whose rules/procedures will be used)          .  
3.  Waiver of Claims.  The Parties hereby agree that the Dispute shall be resolved solely through Arbitration, and that both Parties knowingly and voluntarily waive any claims against each other that they may have at law or equity arising out of the Dispute.IMPORTANT:  YOU WILL NOT BE ABLE TO BRING ANY LAWSUIT AGAINST THE OTHER PARTY IN A COURT OF LAW OR BEFORE A JURY REGARDING THIS DISPUTE, NOR WILL YOU BE ABLE TO APPEAL THE RULING GIVEN BY THE ARBITRATOR.
4.  Costs.  The costs of the arbitration proceedings shall be borne as follows:    (Describe how costs will be paid, including solicitors fees,  i.e., costs are split equally by the Parties regardless of outcome, and each Party shall pay for its own solicitors fees)                                                  .  The assignment of costs to each Party in this Section 4 shall apply only to the administrative fees and other expenses of the arbitration procedure, and shall not apply to any award ordered by the Arbitrator to either Party.
5.  Further Actions.  The Parties hereby agree to execute any further documents and to take any necessary actions to initiate the Arbitration.

6.  Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

7.  Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

8.  Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

   If to First Party:      
      
      


   If to Second Party:         
         
      

9.  Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

10.  Entire Agreement.   This Agreement constitutes the entire agreement between First Party and Second Party, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.

FIRST PARTY

                  
Signature

                  
Print Name

                  
Title
SECOND PARTY

                  
Signature

                  
Print Name

                  
Title


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