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Arbitration Submission Agreement Template: Dispute Terms
ARBITRATION SUBMISSION AGREEMENT TEMPLATE FAQ
What is an arbitration submission agreement?
An arbitration submission agreement is a written agreement in which parties decide to submit an existing dispute to arbitration instead of continuing in court or another forum. It is different from a standard arbitration clause in a contract because it is commonly used after a dispute has already arisen. Under the Federal Arbitration Act, a written agreement to submit an existing controversy to arbitration can be valid and enforceable.
Why do you need an arbitration submission agreement?
You need an arbitration submission agreement to clearly define what dispute is being sent to arbitration and on what terms. It helps identify the parties, the claims covered, the arbitration rules, the number of arbitrators, the seat of arbitration, the language, and how costs and the final award will be handled. A written agreement also reduces confusion about whether the parties are replacing earlier dispute procedures or creating a new path for resolution.
When should you use an arbitration submission agreement?
Use an arbitration submission agreement when a dispute already exists and the parties want to resolve that specific controversy through arbitration. It is especially useful when the original contract had no arbitration clause, when the parties want to supersede an earlier dispute resolution arrangement, or when they want to customize the arbitration procedure for the dispute now in front of them.
How to write an arbitration submission agreement?
Start with the names of the parties and a short description of the existing dispute. Then state that the parties agree to submit that dispute to arbitration, identify the rules or whether the arbitration will be ad hoc, and set the seat, language, number of arbitrators, and method of appointment. Finish with terms covering governing law, confidentiality, costs, interim relief if any, and enforcement of the award so the agreement is clear and workable.
Can AI Lawyer help if business teams, counsel, and reviewers all need to review?
AI Lawyer can help by organizing the agreement into clear sections so each reviewer can find the dispute description, arbitration procedure, and decision terms quickly. It can also add internal reference fields, drafting notes, and placeholders that make updates easier to track. A consistent structure helps reduce repeated edits and lowers the chance of missing key details like the scope of claims submitted, the seat of arbitration, arbitrator selection language, or cost-sharing terms before the agreement is signed.
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