When it comes to business agreements, one important clause that is often included is the arbitration contract clause. This clause requires that any disputes between the parties to the agreement be resolved through arbitration instead of going to court.
Arbitration is a process where a neutral third party, the arbitrator, is appointed to hear the case and make a decision. The decision is usually binding, meaning that the parties are legally obligated to abide by it.
There are several reasons why parties may prefer to use arbitration rather than going to court. First, it is often faster and less expensive than a court trial. Instead of waiting for a court date and going through a lengthy trial process, arbitration hearings can usually be scheduled much more quickly and the arbitration process itself tends to be more streamlined.
Second, arbitration can be more confidential than a court trial. Court hearings are public record, while arbitration hearings are private. This can be especially important in cases where sensitive business information or trade secrets are involved.
Finally, arbitration can be more flexible than a court trial in terms of the rules of evidence and procedure. The parties can agree to use whatever rules they prefer, which can make the process more tailored to their specific needs.
When including an arbitration contract clause in a business agreement, there are several things to consider. First, the clause should specify the rules that will be used for the arbitration. This can include the selection of the arbitrator, the procedures for conducting the arbitration, and the standards for making a decision.
Second, the clause should specify the location of the arbitration. This is important because it can determine which laws apply to the arbitration and can affect the availability of witnesses or evidence.
Finally, the clause should specify which disputes are covered by the arbitration agreement. Generally, disputes related to the business agreement itself are covered, while disputes related to criminal activity or intellectual property infringement may not be.
In conclusion, an arbitration contract clause can be a useful tool for resolving disputes between parties in a business agreement. It can be faster, less expensive, more confidential, and more flexible than going to court. When including this clause in an agreement, it is important to carefully consider the rules, location, and scope of the arbitration.