Clauses

These arbitration clause samples are provided for informational purposes only and do not constitute legal advice. Clearwell ADR Inc. does not offer legal advice. Parties should consult qualified legal counsel to ensure any arbitration clause meets their specific needs and complies with applicable law.

Sample A: Designates Clearwell ADR as the exclusive forum for expedited virtual arbitration, with a class action waiver and no backup forums.

##.## Arbitration Clause

Sample B: Designates Clearwell ADR as the primary forum, JAMS as the first backup forum, or Mutual Selection as a final backup.

##.## Arbitration Clause

Any dispute, claim, or controversy arising out of or relating to this Agreement, including its formation, interpretation, or breach, shall be resolved by binding arbitration administered by Clearwell ADR Inc. (https://www.clearwelladr.com) in accordance with its then-current rules and procedures. The arbitration shall be conducted by a single arbitrator with substantial experience in resolving commercial disputes (the “Arbitrator”), assigned pursuant to Clearwell ADR’s rules. The parties shall bear their own costs and fees as provided in this Agreement or, if not specified, as determined by Clearwell ADR’s rules. The Arbitrator may, at their discretion, award reasonable attorneys’ fees and other expenses to the prevailing party. Arbitration shall be initiated via https://www.clearwelladr.com, with notice sent to [Party A] at [insert contact info] and to the [customer/employee/counterparty] at their last known email address. For assistance, contact support@clearwelladr.com. If Clearwell ADR is unavailable or unable to administer the arbitration, it shall be conducted by JAMS under its then-current rules and procedures; if JAMS is also unavailable, the parties shall mutually select an alternative provider, and the arbitration shall proceed under that provider’s applicable rules. If an alternative provider is used, references to Clearwell ADR and its rules in this Agreement shall mean the selected provider and its rules. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), and judgment on the award may be entered in any court of competent jurisdiction.

Sample C: Provides Multiple Forum Options with Filing Party Choice or Mutual Agreement

##.## Arbitration Clause

Any dispute, claim, or controversy arising out of or relating to this Agreement, including its formation, interpretation, or breach, shall be resolved by binding arbitration administered by one of the following forums, selected by mutual agreement of the parties: Clearwell ADR Inc. (https://clearwelladr.com), the American Arbitration Association (AAA), or JAMS. If the parties cannot agree on a forum within 15 days of a dispute arising, the filing party’s selection shall govern unless a conflict with this Agreement or applicable law requires otherwise. The arbitration shall be conducted by a single arbitrator with substantial experience in resolving commercial disputes (the “Arbitrator”), assigned pursuant to the chosen forum’s then-current rules. The parties shall bear their own costs and fees as provided in this Agreement or, if not specified, as determined by the forum’s rules. The Arbitrator may, at their discretion, award reasonable attorneys’ fees and other expenses to the prevailing party. Arbitration via Clearwell ADR shall be initiated at https://clearwelladr.com, with notice sent to [Party A] at [insert contact info] and to the [customer/employee/counterparty] at their last known email address; for assistance, contact support@clearwelladr.com. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), and judgment on the award may be entered in any court of competent jurisdiction.

Sample D: Allows Multiple Forums via Mutual Agreement with Initiating Party Selection as Fallback

##.## Arbitration Clause

Any claim, dispute, or controversy (including counterclaims and cross-claims) arising out of or relating to this Agreement or the parties’ relationship, including with affiliated entities, whether based in tort, contract, statute, or equity (each a “Claim”), shall be resolved by binding arbitration under this Section ##.## (“Arbitration Agreement”). Failure to assert a Claim in arbitration waives it for any subsequent proceeding. Arbitration shall be administered by one of the following forums, selected by mutual agreement: American Arbitration Association (www.adr.org), Clearwell ADR Inc. (https://clearwelladr.com), or another forum the parties agree upon. If no agreement is reached within 15 days of a Claim arising, the filing party shall select one of these forums, and that choice shall govern unless it conflicts with this Agreement or applicable law. The arbitration shall be conducted by a single arbitrator with substantial experience in commercial disputes, selected per the chosen forum’s then-current rules. Hearings shall be virtual (video or telephone) unless the parties agree otherwise, and no objection to virtual proceedings shall affect an award’s validity. The parties consent to electronic service of process at [Party A Legal Email] and the Merchant’s email listed on page one, with service permitted from the opposing party’s listed email, @clearwelladr.com, @adr.org, or the selected forum’s domain; parties shall whitelist these addresses and monitor spam folders regularly. Costs and fees shall follow this Agreement or, if silent, the forum’s rules, and the arbitrator may award reasonable attorneys’ fees and expenses to the prevailing party at their discretion.

This Arbitration Agreement governs over conflicting forum rules. It is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), applies all relevant statutes of limitations, and survives termination of this Agreement. Judgment on the award may be entered in any court of competent jurisdiction. If a party refuses arbitration, the electing party may seek a court order enforcing this clause, with the court deciding enforceability (including the class action waiver below) and the arbitrator resolving all other issues. Arbitration shall be individual only; class actions, representative actions, consolidated arbitrations, or joinder are prohibited unless both Merchant and [Party A] consent in writing. If any provision is unenforceable, the remainder persists; if the class action waiver is unenforceable in a class action case, this entire clause is void.

A party may reject this Arbitration Agreement by mailing a signed rejection notice to [Party A], [Party A Address], Attn: [Party A “Attention To”], within 15 days of this Agreement’s date, stating the Merchant’s legal name, Agreement date, and Purchase Price. Rejection does not affect other provisions and, if not exercised, this clause is effective as of the Agreement’s date.

Sample E: Permits the initiating party to select Clearwell, AAA, or JAMS for expedited virtual arbitration, with mutual agreement as an alternative, and includes a class action waiver and appeal option for larger disputes

##.## Arbitration Clause

Any dispute, claim, or controversy arising out of or relating to this Agreement, including its formation, interpretation, breach, termination, or validity (“Dispute”), shall be resolved exclusively through binding arbitration under the Expedited Virtual Arbitration Rules & Procedures of Clearwell ADR (www.clearwelladr.com) or American Arbitration Association or JAMS, as selected by the initiating party, unless otherwise agreed. The parties waive their right to a jury trial and to participate in or initiate any class action, collective action, or representative proceeding. Disputes shall be resolved on an individual basis only. Arbitration shall be governed by the Federal Arbitration Act (“FAA”), and the arbitrator shall apply substantive law consistent with the FAA and this Agreement. Either party may initiate arbitration by sending written notice to the other party describing the Dispute and relief sought. The Arbitration shall be conducted virtually by a single arbitrator, selected under the chosen arbitration organization’s rules. Each party shall bear its own attorney fees and costs, except as required by applicable law or the arbitration organization’s rules. Arbitration fees shall be allocated per the arbitration organization’s rules. The arbitrator’s decision shall be final and binding, subject to limited appeal rights under the FAA. If the amount in controversy exceeds $200,000, either party may appeal to a three-arbitrator panel under the chosen arbitration organization’s rules, with the appeal conducted de novo and costs borne by the appealing party. If any provision of this arbitration agreement is found unenforceable, the remaining provisions shall continue to apply, except that if the class action waiver is deemed unenforceable and not reversed on appeal, this arbitration agreement shall be void. This arbitration agreement shall survive the termination, amendment, or expiration of this Agreement.