Showing posts with label Arbitration. Show all posts
Showing posts with label Arbitration. Show all posts

Tuesday, March 16, 2010

Submission Of Partnership Disputes To Arbitration Type 2 | Free Sample Printable Blank Legal Forms

Submission Of Partnership Disputes To Arbitration Type 2

1. Parties. The undersigned are all of the Partners in a General Partnership created by an agreement dated [date] (Partnership Agreement), and doing business under the name [name] in [county, state].

2. Matters Submitted to Arbitration. To parties agree to submit to arbitration the following claims or disputes relating to the Partnership Agreement: [brief descriptions].

3. Terms of Arbitration. All matter submitted to arbitration shall be subject to arbitration in accordance with the rules of the American Arbitration Association, except as otherwise provided in this Agreement. Arbitration shall be before a panel of three Arbitrators. [Party demanding arbitration] shall designate one Arbitrator from a list of prospective arbitrators submitted by the American Arbitration Association. Within [number] days of receipt of such notice, the Partnership [or, the Managing Partner] must select a second Arbitrator from the aforesaid list and notify the other party of the Partnership's [or, the Managing Partner's] selection. Within [number] days thereafter, these two Arbitrators shall select a third Arbitrator from the said list. If they fail to select a third Arbitrator, then the third Arbitrator shall be designated by the American Arbitration Association. If either party fails to designate an Arbitrator, then the claim or dispute shall be submitted to arbitration before a panel of three Arbitrators chosen by the American Arbitration Association.

4. Place of Arbitration. All matters submitted to arbitration shall be heard in [court, state].

5. Right to Consult Accountant. The Arbitrators may select an accountant and submit to such accountant any documents that they want examined in connection with the arbitration proceeding. The Arbitrators may act on the report rendered by such accountant, without personally verifying the information and conclusions provided in such report.

6. Final Award. The decision rendered by the Arbitrator under this Agreement is final and binding on the parties. Judgment may be entered on the Arbitrator's decision in any court having jurisdiction.

[dated]
[signatures]
Partners

Submission Of Partnership Disputes To Arbitration Type 1 | Free Sample Printable Blank Legal Forms

Submission Of Partnership Disputes To Arbitration Type 1

1. Parties. The undersigned are all of the Partners in a General Partnership created by an agreement dated [date], and doing business under the name [name] in [county, state].

2. Dispute. The parties wish to dissolve the Partnership. However, they are unable to agree on the final settlement of accounts and other matters relating to the dissolution.

3. Matters Submitted to Arbitration. To parties agree to submit to arbitration the following matters and issues:
a. The date of cessation of the Partnership's business.
b. The valuation of goodwill of the Partnership;
c. The valuation of assets of the Partnership;
d. The distribution of assets of the Partnership in-kind;
e. The time and method of payment of the Partners' debts to the Partnership;
f. The Parties' right to compete after dissolution of the Partnership;
[other applicable issues]

4. Place and Manner. The matters and issues submitted to arbitration under this Agreement shall be arbitrated in [court, state], in accordance with the rules then in effect of the American Arbitration Association.

5. Final Award. The decision rendered by the Arbitrator under this agreement is final and binding on the parties. Court judgment may be entered on the Arbitrator's decision in any court having jurisdiction.
[dated]
[signatures]
Partners

Submission Of Construction Contract Claims To Arbitration | Free Sample Printable Blank Legal Forms

Submission Of Construction Contract Claims To Arbitration

1. Parties. The undersigned are parties to a construction contract (Construction Contract) dated [date] between [name] of [address], as owner, and [name], having principal office at [address], as Contractor.

2. Dispute. A dispute has arisen concerning the construction of the [nature of construction project] under the Construction Contract. The parties wish to submit this dispute to arbitration pursuant to this Agreement.

3. Agreement to Arbitrate. The matters enumerated in Paragraph 4 are submitted to arbitration in [county, state], in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, then in effect.

4. Matters Submitted to Arbitration. The following disputes concerning the Construction Contract are submitted to arbitration:
[nature of the dispute, e.g.,
a. Whether Contractor failed to provide materials of the quality required under the Construction Contract;
b. Whether the Contractor failed to perform the work required under the Construction Contract in accordance with the standard of skill and care employed by qualified contractors in [county, state];
c. The damages, if any, that Contractor must pay to Owner due to breach of the Construction Contract.]
Within [number] days of the execution of this Agreement, each of the parties shall provide to the other, and to the Arbitrator, a statement of the specific claims that each party has against the other party relating to these disputes.

5. Final Award. The decision rendered by the Arbitrator under this agreement is final and binding on the parties. Judgment may be entered on the Arbitrator's decision in any court having competent jurisdiction.
[dated]
[signatures]
Owner
[Contractor]
By: [signature]
[title]

Submission Of Claim Against Broker To Arbitration | Free Sample Printable Blank Legal Forms

Submission Of Claim Against Broker To Arbitration

1. Parties. The undersigned are Customer and Broker with respect to a securities account maintained by Broker to Customer.

2. Matters Submitted to Arbitration. The parties agree to submit to arbitration the following claims or disputes relating to Customer's securities account:

[brief descriptions].

3. Terms of Arbitration. All matter submitted to arbitration under this Agreement shall be subject to arbitration in accordance with the Securities Arbitration Rules of the American Arbitration Association, except as otherwise provided in this Agreement.
Arbitration shall be before a panel of three Arbitrators. Customer shall designate, by written notice to the Broker, one Arbitrator from a list of prospective arbitrators prepared by the American Arbitration Association. Within [number] days of receipt of such notice, Broker shall select a second Arbitrator from the said list and notify Customer of Broker's selection. Within [number] days thereafter, these two Arbitrators shall select a third Arbitrator from the said list. If they fail to select a third Arbitrator, then the third Arbitrator shall be designated by the American Arbitration Association. If either party fails to designate an Arbitrator, then the claim or dispute shall be submitted to arbitration before a panel of three Arbitrators chosen by the American Arbitration Association.

4. Place of Arbitration. All matters submitted to arbitration under the terms of this Agreement shall be heard in [court, state].

5. Final Award. The award in the arbitration proceeding shall be final and binding on the parties, and judgment on such award may be entered in any court having competent jurisdiction.

6. Fees and Expenses. The Arbitrators are authorized to award either party a sum to compensate the party for the time and expense of the arbitration if they determine that arbitration was demanded without reasonable cause. In such event, the Arbitrators may also assess the costs of the arbitration proceeding against the party that demanded arbitration. In all other cases, the costs of the arbitration proceeding shall be assessed against the party against whom the arbitration award is determined, or against both parties if the determination is against both.
[dated]
[signature]
Customer
[signature]
Broker

Shareholders' Agreement To Submit Claims To Arbitration | Free Sample Printable Blank Legal Forms

Shareholders' Agreement To Submit Claims To Arbitration

1. Parties. The undersigned are all of the shareholders of Corporation (Shareholders). Corporation joins in this Agreement to evidence its consent to the submission of its claims to arbitration in accordance with this Agreement.

2. Submission to Arbitration. All claims or disputes specified in Paragraph 3, whether between or among the Shareholders or between or among Corporation and one or more Shareholders, shall be submitted to arbitration in [county, state] before a single Arbitrator, in accordance with the rules then in effect of the American Arbitration Association.

3. Issues Subject to Arbitration. Any claims or disputes relating to the following issues shall be submitted to arbitration as provided in this Agreement:
a. The validity, construction, or alleged breach of this Shareholders' Agreement
b. The conduct of the affairs of Corporation, including the authorization, issuance, repurchase, or redemption of shares, the election or removal of officers and directors, the employment and discharge of employees, the sale, lease, mortgage, or pledge of all or any portion of the assets of Corporation, the dissolution, merger, consolidation, or liquidation of Corporation, and any term of or amendment to the certificate of incorporation or the bylaws of Corporation
c. Any sale, transfer, pledge, or other disposition, whether voluntary or involuntary, of any of the shares of Corporation.
d. Any alleged breach of the duties owned by any of the parties to the others, whether under this Agreement or otherwise, including an alleged breach of fiduciary duty
e. Any issues relating to the validity or meaning of this Agreement, including the arbitrability of any claim or dispute

4. Issues Not Subject to Arbitration. The undersigned expressly agree that any claims of disputes relating to the following issues are not subject to arbitration, notwithstanding the provisions of Paragraph 3:
[nature of issues, e.g., stock value]

5. Right to Dissolution. Any Shareholder is entitled to seek a dissolution of Corporation, notwithstanding the provisions of Paragraph 3, if one or more of the following events occur:
[description of events]

6. Remedies. The Arbitrator has the right, in addition to any other relief permitted at law or in equity, to award counsel fees to any party and to grant temporary or permanent injunctive relief. In enforcing or implementing any award, the Arbitrator has the right to vote the shares of the Shareholders. The Shareholders each grant the Arbitrator an irrevocable proxy, coupled with an interest, to vote that Shareholder's shares for this purpose.

7. Final Award. The award rendered by the Arbitrator in any arbitration under this Agreement is final and binding on the parties. Judgment may be entered on such award in any court having competent jurisdiction.

8. Further Assurance. Each party to this Agreement will perform all acts, including the execution and delivery of further documents, as the Arbitrator determines is necessary or desirable to confirm and carry out the terms of the award rendered.

[dated]
[signatures]
Shareholders
[Corporation]
By: [signature]
[title]

Arbitration Clause In Employment Agreement | Free Sample Printable Blank Legal Forms

Arbitration Clause In Employment Agreement

1. Issues. Any claim or dispute regarding the terms or conditions of employment of this Agreement shall be submitted to arbitration in accordance with this Paragraph ----------.

2. Terms of Arbitration. All matters subject to arbitration under this Paragraph ---------- shall be submitted to arbitration in accordance with the Securities Arbitration Rules of the American Arbitration Association, except as otherwise provided in this Agreement.
Arbitration shall be brought upon the written notice of one party to the other of a demand for arbitration, including a recitation of the claim or dispute for which arbitration is sought and a specification of the Arbitrator chosen by such party from a list of potential arbitrators prepared by the American Arbitration Association. Arbitration shall be before a panel of three Arbitrators. Within [number] days of receipt of a demand for arbitration, the party receiving the demand must select a second Arbitrator from the said list and notify the other party of the first party's selection. Within [number] days thereafter, these two Arbitrators shall select a third Arbitrator from the said list. If they fail to select a third Arbitrator, then the third Arbitrator shall be designated by the American Arbitration Association. If either party fails to designate an Arbitrator, then the claim or dispute shall be submitted to arbitration before a panel of three arbitrators chosen by the American Arbitration Association.

3. Place. All matters subject to arbitration under this Agreement shall be arbitrated in [county, state].

4. Final Award. The award in the arbitration proceeding shall be final and binding on the parties, and judgment on such award may be entered in any court having competent jurisdiction.

5. Fees and Expenses. All fees and expenses connected with the arbitration proceeding, other than counsel fees incurred by either party, if any, shall be shared equally by both parties.

[Alternative Paragraph]

5. Fees and Expenses. The Arbitrators are authorized to award either party a sum to compensate the party for the time and expense of the arbitration if they determine that arbitration was demanded without reasonable cause. In such event, the Arbitrators may also assess the costs of the arbitration proceeding against the party that demanded arbitration. In all other cases, the costs of the arbitration proceeding shall be assessed against the party against whom the arbitration award is determined, or against both parties if the determination is against both.

Arbitration Clause In Construction Subcontract Agreement

Arbitration Clause In Construction Subcontract Agreement

1. Issues. All claims and disputes between the parties to this Contract concerning the performance of this Contract or its interpretation shall be submitted to arbitration in accordance with this Paragraph ----------.

2. Terms of Arbitration. All matters subject to arbitration under this Paragraph ---------- shall be submitted to arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, except as otherwise provided herein. Arbitration shall be brought upon the written notice of one party to the other of a demand for arbitration, including a recitation of the claim or dispute for which arbitration is sought and a specification of the Arbitrator chosen by such party from a list of arbitrators prepared by the American Arbitration Association. Arbitration shall be before a panel of three Arbitrators. Within [number] days of receipt of a demand for arbitration, the party receiving the demand must select a second Arbitrator from the said list and notify the other party of the first party's selection. Within [number] days thereafter, these two Arbitrators shall select a third Arbitrator from the said list. If they fail to select a third Arbitrator, then the third Arbitrator shall be designated by the American Arbitration Association. If either party fails to designate an Arbitrator, then the claim or dispute shall be submitted to arbitration before a panel of three Arbitrators chosen by the American Arbitration Association.

3. Place. The hearing and disposition of claims and disputes shall take place in [county, state].

4. Continuation of Work. If a claim or dispute is submitted to arbitration, Subcontractor shall not cease work pending the arbitration award, but shall proceed with completion of all work, including work that is the subject of the dispute submitted to arbitration. If Subcontractor refuses to proceed with such work and such refusal continues for [number] days, then Subcontractor waives any right to claim Subcontractor is not in default under this Contract and shall be liable to Contractor in damages for all losses suffered.

5. Remedies. All awards shall be made on the majority vote of the Arbitrators. In addition to other remedies, the Arbitrators are authorized to award either party a sum to compensate the party for time and expense of the arbitration if they determine that arbitration was demanded without reasonable cause. In such event, the Arbitrators may also assess the costs for the arbitration proceeding against the party that demanded arbitration. In all cases, the costs of the arbitration proceeding shall be assessed against the party against whom the arbitration award is determined, or against both parties if the determination is against both.

6. Other Rights. The rights specified in this Paragraph ---------- are not exclusive of any other rights or remedies that Subcontractor may have under state or federal mechanic's lien laws or under any labor or material bonds, except as such rights are expressly waived by Subcontractor.

7. Final Award. The award in the arbitration proceeding shall be final and binding on the parties, and judgment on such award may be entered in any court having competent jurisdiction.

Monday, March 15, 2010

Arbitration Clause In Brokerage Agreement | Free Sample Printable Blank Legal Forms

Arbitration Clause In Brokerage Agreement

1. Issues. Any and all claims and disputes between the parties arising out of or relating to Customer's account, to transactions undertaken on Customer's behalf, or to this Agreement shall be submitted to arbitration in accordance with this Paragraph ----------.

2. Terms of Arbitration. All matters subject to arbitration under this Paragraph ---------- shall be submitted to arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, except as otherwise provided herein. Arbitration shall be brought upon the written notice of one party to the other of a demand for arbitration, including a recitation of the claim or dispute for which arbitration is sought and a specification of the Arbitrator chosen by such party from a list of arbitrators prepared by the American Arbitration Association. Arbitration shall be before a panel of three Arbitrators. Within [number] days of receipt of a demand for arbitration, the party receiving the demand must select a second Arbitrator from the said list and notify the other party of the first party's selection. Within [number] days thereafter, these two Arbitrators shall select a third Arbitrator from the said list. If they fail to select a third Arbitrator, then the third Arbitrator shall be designated by the American Arbitration Association. If either party fails to designate an Arbitrator, then the claim or dispute shall be submitted to arbitration before a panel of three Arbitrators chosen by the American Arbitration Association.

3. Place. The hearing and disposition of claims and disputes shall take place in [county, state].

4. Final Award. The award in the arbitration proceeding shall be final and binding on the parties, and judgment on such award may be entered in any court having competent jurisdiction.

5. Fees and Expenses. All fees and expenses connected with the arbitration proceeding, other than counsel fees incurred by either party, if any, shall be shared equally by both parties.
[Alternative Paragraph]

5. Fees and Expenses. The Arbitrators are authorized to award either party a sum to compensate the party for the time and expense of the arbitration if they determine that arbitration was demanded without reasonable cause. In such event, the Arbitrators may also assess the costs of the arbitration proceeding against the party that demanded arbitration. In all other cases, the costs of the arbitration proceeding shall be assessed against the party against whom the arbitration award is determined, or against both parties if the determination is against both.

Arbitration Award | Free Sample Printable Blank Legal Forms

Arbitration Award

1. Arbitrators. We, [names and addresses of Arbitrators], were appointed as Arbitrators pursuant to the attached Agreement [omitted]. Under the authority granted to us by that Agreement, we report:

a. Function of Arbitrators. We have been duly sworn to faithfully and fully hear, examine, and determine the controversy between [name] and [name], described in the attached Agreement. We have taken an oath to apply the principles of law and equity to make a just award to the parties, according to our understanding of the facts and the stipulations and agreements of the parties. This oath [omitted] is attached to and in part of our report.

b. Notice. On [date], we served notice on [name] and [name] that we would meet to hear the controversy and determine an award. This notice fixed the time and place of the meeting. A copy of the notice [omitted] is attached to and is part of our report.

c. Meeting and Adjournment. We met on the appointed date to take evidence, and, on that date, we adjourned the meeting to [date], and gave notice of the adjournment to [name] and [name].
At the adjournment meeting, we hard testimony of sworn witnesses along with other evidence, statements, and arguments of [name] and [name].

2. Determination of Arbitrators. We have examined all the evidence offered in the hearing and have determined the controversy submitted. We find [determination, e.g., there is due by [name] to [name] ---------- dollars ($----------), allowing just claims, deductions, and setoffs, with interest, at the rate of ---------- percent (----------%) per year, from [date] and [name] is entitled to judgment against [name] for this amount].

[dated]
[signatures]
Arbitrators

Arbitration Agreement [Type 2] | Free Sample Printable Blank Legal Forms

Arbitration Agreement [Type 2]

This Agreement is by and between (YOUR NAME/COMPANY) of__________________ and (COMPANY/INDIVIDUAL) of _______________.

BE IT ACKNOWLEDGED, that we the undersigned as our interests exist in and to a certain contract, dispute, controversy, action or claim described as:

(state claim of both parties)

do hereby agree to resolve any dispute or controversy we now have or may ever have in connection with or arising from said claim by binding Arbitration.

Said Arbitration shall be in accordance with the rules and procedures of the (name of arbitration association/committee) of _______________ City _________ State ______ Zip ____, which rules and procedures for arbitration are incorporated herein by reference and the decision or award by the Arbitrators shall be final, conclusive and binding upon each of us and enforceable in a court of law of proper jurisdiction. All costs of arbitration shall be shared equally except that each individual party shall pay his own legal costs.

Signed this ___________ day of ___________, 20 __.
______________________
First Party
______________________
Second Party
WITNESSED BY:
_____________________

Arbitration Agreement [Type 1] | Free Sample Printable Blank Legal Forms

Arbitration Agreement [Type 1]

_______________ and ________________ agree:

For a sufficient consideration, the receipt of which is acknowledged, the parties shall submit to binding arbitration any and all disputes which they have have now whether mature or unmatured, whether legal, equitable, statutory, contractual or tortious in nature, together with any disputes which they may have in the future.

Such arbitration shall be under the rules of International Chamber of Commerce, and shall be heard by a panel of 1 arbitrators. Such arbitration shall be final and conclusive and the arbitrators award may be entered as a judgment in any court with jurisdiction to do so.

Despite any future agreement which may be made between the parties which may contain an integration clause, this agreement shall be deemed to be a part thereof whether or not specifically incorporated in any future agreements.

The arbitrators shall have the discretion to award legal costs and fees, including counsel fees, in any award as they may by their discretion determine to be just.
Dated: _____________________
_____________________________
_____________________________

Agreement To Submit Claim To Arbitration | Free Sample Printable Blank Legal Forms

Agreement To Submit Claim To Arbitration

1. Parties and Contract. Differences exist regarding the performance of and obligations under a contract dated [date], between [name] and [name] (Parties). Differences also exist between Parties regarding mutual claims and demands arising from the sale of [property] by [name] to [name] in [year].

2. Submission of Claims to Arbitration. To fully settle all such claims disputed, Parties agree that all such claims and disputes be submitted to [name] and [name] (Arbitrators), as well as to a disinterested third party that two Arbitrators shall name, in accordance with Paragraph 3.

3. Selection of Third Arbitrator.
a. Qualifications. Third Arbitrator should be a person who has had experience in the business of [nature of business]. If a qualified person in this field cannot be found and agreed upon, two Arbitrators shall use their own discretion and select third Arbitrator who they deem appropriate.
b. Time of Selection. Third Arbitrator must be selected within [number] days after the signing of this Agreement. If not selected within that time, Parties may select third Arbitrator as promptly as possible, if either Party to this Agreement requests in writing tat this be done.

4. Power of Arbitrators. Three Arbitrators are given full power to hear and finally determine and dispose of all claims and disputes between Parties at [city, state].

5. Place of Arbitration. The hearing will take place at [address] or at such other reasonable place as is chosen by Arbitrators, upon [number] days' written notice to each Party.

6. Arbitration Hearing. At the hearing, Parties may be represented by counsel. Documentary evidence and oral testimony may be presented. Neither Party may produce more than [number] witnesses.

7. Arbitration Award. Arbitrators will make their award in writing no later than [number] days after the hearing. The award will state (a) the amount, if any, due from either Party to the other, and when it is to be paid (but not later than [number] days after the award is made) and (b) the rights and duties of Parties in the matters involved.
The award must be signed by at least two of three Arbitrators. The decision of two of three Arbitrators will be binding on Parties. The award shall be filed in the office of the clerk of [court] of [county, state], and will be final. No Party has a right to appeal the award to any court or otherwise.

8. Payment of Fees. Each Party will pay Party's own attorney fees. Arbitrators may fix (a) their own fees and (b) fees of witnesses who come before them. These fees will be paid by Parties as determined by Arbitrators as part of their award.

9. Fees and Expenses. All fees and expenses payable in connection with the arbitration proceeding shall be shared by both Parties during the course of the arbitration proceeding, but shall be reimbursed in favor of prevailing Party after the arbitration award is rendered.
[dated]
[signatures of parties]