Voluntary Arbitration Clause Samples
The Voluntary Arbitration clause establishes that parties to a contract may choose to resolve disputes through arbitration rather than litigation, but only if both sides agree to do so. In practice, this means that if a disagreement arises, either party can propose arbitration, but the process will only proceed if the other party consents. This clause provides flexibility and can help parties avoid the time and expense of court proceedings, while ensuring that arbitration is not imposed unilaterally.
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Voluntary Arbitration. If a dispute is referred to voluntary arbitration pursuant to clause 6.3(b)(iii):
(a) the Parties must agree the terms of reference of the voluntary arbitration within 5 Business Days of the arbitration date. If the Parties fail to agree the terms of reference, each Party may submit its own terms of reference to the Arbitrator appointed under this clause 6.7;
(b) the Arbitrator will be agreed between the Parties, or failing agreement within 5 Business Days of the arbitration date, will be appointed by the Australian Commercial Dispute Centre;
(c) the Arbitrator must have relevant expertise having regard to the subject matter of the dispute;
(d) the Arbitrator must reach a decision in relation to the dispute within 30 Business Days of the date of the Arbitrator’s appointment;
(e) the Arbitrator must give reasons for his/her decision to the Parties within 5 Business Days of reaching a decision;
(f) a decision of the Arbitrator will, subject to clause 6.2, be binding on the Parties except in the event of a manifest error or a mistake of law; and
(g) in relation to costs and expenses:
(i) each Party will bear their own professional and expert costs incurred in connection with the voluntary arbitration;
(ii) the costs of the Arbitrator will be shared equally by the Parties unless the Arbitrator determines a Party has engaged in vexatious or unconscionable behaviour in which case the Arbitrator may require the full costs of the Arbitration to be borne by that Party; and
(iii) all other reasonable extraneous costs and disbursements incurred by the Parties in relation to the voluntary arbitration will be shared equally.
Voluntary Arbitration. Any contract or dispute between the Client and the Adviser concerning any transaction, performance, or breach of this Agreement shall be settled by arbitration. The Client and the Adviser agree that any arbitration proceeding pursuant to this provision shall be held in a location as determined by the Securities Arbitration Rules of the American Arbitration Association. The arbitrators’ award shall be final and binding on the parties, and judgment upon the award rendered may be entered into in any court, state or federal, having jurisdiction. The agreement to arbitrate does not entitle the Client to obtain arbitration of claims that the relevant statute of limitations would bar if such claims were brought in a court of competent jurisdiction. By the Client signing this agreement, it is understood that:
a. The arbitration shall be final and binding on all parties; and
b. the arbitrators’ award is required to include factual findings and legal reasoning; and
c. the parties are waiving their right to remedies in court, including the right to a trial by jury; and
d. pre-arbitration discovery is generally more limited than and different from court proceedings; and
e. the panel of arbitrators will typically include arbitrators who were or are affiliated with the securities industry. This Agreement to arbitrate does not constitute a waiver of your right to seek a judicial forum where such waiver would be void under federal or applicable state securities laws.
Voluntary Arbitration. Any controversy or dispute which may arise between Client and Adviser concerning any transaction under, or the construction, performance or breach of, this Agreement may, upon agreement by both parties, may be settled by arbitration in accordance with the Securities Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) is not binding but may be entered in any court having competent jurisdiction. The arbitration forum shall not be selected if traveling to its location would cause undue, not ordinary, hardship or financial expense to the Client. This voluntary agreement to does not constitute a waiver of Client’s rights under State Securities Statutes or rules.
Voluntary Arbitration. If the negotiation and/or mediation described in Section 8.1(a) does not resolve the Dispute, and if any Party wishes to pursue the Dispute, the Dispute may be submitted to voluntary arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Rules. The award of the arbitrator(s) may be final, but either Party may seek resolution in any court of competent jurisdiction. Each Party shall bear its respective arbitration expenses and each shall pay its pro-rata portion of the arbitrator’s charges and expenses. Notwithstanding any rules of AAA to the contrary, the arbitrator(s) shall not be permitted to award punitive or exemplary damages.
Voluntary Arbitration. (a) The parties hereby irrevocably agree that if after giving notice to bargain they are unable to conclude a Collective Agreement, either party may, by giving notice of its intention to proceed to voluntary arbitration to the other part in writing (“Notice”), refer all matters remaining in dispute between them to an arbitrator for final and binding determination.
(b) It is the parties’ intention that the agreement set out in Sub-Article (A), above engages section 40 of the Labour Relations Act, 1995, and that Notice shall have the effect of an irrevocable agreement within the meaning of Section 40 of the Act.
(c) The party that gives Notice shall invite the arbitrator to act. Invitations shall be made to the following arbitrators, in rotation, or to such other arbitrators as may be agreed upon by the parties. ● ▇▇▇▇▇ ▇▇▇▇▇ ● ▇▇▇ ▇▇▇▇▇▇▇ ● ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ● ▇▇▇▇ ▇▇▇▇▇▇▇▇▇