Contract clause requiring parties to resolve disputes via arbitration
Contract law
Formation
Capacity
Offer and acceptance
Meeting of the minds2
Abstraction principle4,5
Posting rule1
Mirror image rule
Invitation to treat
Firm offer
Consideration1,4
Implication-in-fact
Collateral contract
Defences
Misrepresentation
Mistake
Threats and unequal bargaining power
Illegality and public policy
Unconscionability
Culpa in contrahendo2
Force majeure
Frustration of purpose
Impossibility
Impracticability
Hardship
Set-off
Illusory promise1
Statute of frauds1
Non est factum1
Unclean hands1
Accord and satisfaction1
Exculpatory clause
Interpretation
Parol evidence3
Contract of adhesion
Integration clause
Contra proferentem
UNIDROIT Principles
Dispute resolution
Choice of law clause
Forum selection clause
Hague Choice of Court Convention
Arbitration
New York Convention
UNCITRAL Model Law
Mediation
Singapore Mediation Convention
Enforcement of foreign judgments
Hague Judgments Convention
Rights of third parties
Privity of contract1
Assignment
Delegation
Novation
Third-party beneficiary
Breach of contract
Anticipatory repudiation
Cover
Exclusion clause
Efficient breach
Deviation
Fundamental breach
Remedies
Specific performance3
Money damages
Liquidated, stipulated, or penal damages3
Rescission
Quasi-contractual obligations
Promissory estoppel1
Quantum meruit1
Unjust enrichment
Restitution
Negotiorum gestio2
Duties of parties
Duty of honest contractual performance (or doctrine of abuse of rights)6
Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
Contract A and Contract B6
Related areas of law
Conflict of laws
Commercial law
By jurisdiction
Australia
Canada
China (mainland)
Ireland
India
Saudi Arabia
United Kingdom
England and Wales
Scotland
United States
Other law areas
Tort law
Property law
Wills, trusts, and estates
Criminal law
Evidence
Notes
1 Specific to common law jurisdictions
2 Specific to civil and mixed law jurisdictions
3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
6 Specific to Canadian contract law both in Québec and in the country's common law provinces
7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
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In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
Arbitration clauses are frequently paired with class action waivers, which prevent contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also often include a provision which requires parties to waive their rights to a jury trial. All three provisions have attained significant amounts of support and controversy, with proponents arguing that arbitration is as fair as courts and a more informal, speedier way to resolve disputes, while opponents of arbitration condemning the clauses for limited appeal options and allowing large corporations to effectively silence claims through "private justice".[1]
^Sternlight, Jean R. (1996). "Panacea or Corporate Tool—Debunking the Supreme Court's Preference for Binding Arbitration". Washington University Law Quarterly. 74: 637.
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contract law, an arbitrationclause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although...
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aggrieved party must submit an arbitration claim in accordance with the procedures set forth in the clause subject to the arbitration law of the jurisdiction...
forms with boilerplate clauses (boilerplate language, used as standard language). Such clauses refers to the standardized clauses in contracts, and they...
found as part of an arbitrationclause, and when paired with such clauses, frequently include jury trial waivers. All three clauses are the subject to...
procedure for account termination, if available Sometimes contains an Arbitrationclause detailing the dispute resolution process and limited rights to take...
selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitrationclause, depending...
proceedings. Many contracts include an arbitrationclause naming the AAA as the organization that will administer arbitration between the parties. The AAA does...
Technologies Inc v Heller (2020) the Supreme Court of Canada found an arbitrationclause requiring gig workers in Ontario to litigate before the Dutch International...
security breach) which included an arbitrationclause with a class action waiver. Attorneys said that the arbitrationclause was ambiguous and that it could...
state and federal courts have examined arbitrationclauses, as well as other statutes involving arbitrationclauses, for validity and enforceability. Marine...
An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of unbiased adjudicators...
decision of the Supreme Court of Canada. The Court held 8–1 that an arbitrationclause in a contract the plaintiff David Heller had signed with Uber was...
arbitrationclause except in order to: assist the conducting of arbitrations, ensure that arbitrations are conducted in accordance with arbitration agreements...
arbitrationclause or must refer to a separate document signed by the parties containing the arbitration agreement. The existence of an arbitration agreement...
selection clauses and mandatory arbitrationclauses, which can limit or foreclose a party's access to the courts; and also liquidated damages clauses, which...
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that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitrationclause where the arbitrator's award is binding.: 280 ...
(NDAs) and forced arbitrationclauses in employment agreements. In February 2022, the U.S. Congress passed the Ending Forced Arbitration of Sexual Assault...
invalidated its entire agreement with J-M Manufacturing, including the arbitrationclause, and thereby rendered its fee award a nullity. JM Eagle participates...
International Commercial Contracts 2016”; in practice such a clause is often combined with an arbitrationclause). The UNIDROIT Principles were first released in...
and Consumer Protection Acts in retaliation against him, citing an arbitrationclause in his contract. However, Snap Inc. faced blowback over a lack of...
business, forced arbitrationclauses generally prohibit them taking such claims to court and instead substitute closed-door arbitration proceedings, where...
sexual harassment. The company was criticized for its use of forced arbitration in response to these allegations. Brandon "Ryze" Beck and Marc "Tryndamere"...
schedules that put them at risk of harm in violence-plagued areas. Uber's arbitrationclause and class action waiver in its driver and rider terms of service,...