A template agreement to refer a dispute to arbitration under the law of England & Wales, governed by the Arbitration Act 1996 (as amended). It sets out the conditions of the arbitration, including the arbitrator's appointment and authority, procedure, confidentiality, fees and costs.
How to use this template - Replace every
[SQUARE-BRACKET]field before use. - This is an agreement to arbitrate an existing or future dispute. Choosing a seat in England and Wales means the Arbitration Act 1996 governs the process and the supervisory court is the English court. - Decide the number of arbitrators (one is usual and cheaper) and how they are appointed (clause 3). - Arbitration is usually private and final, think carefully before giving up the right to go to court and to appeal. - Have a solicitor review before signing.
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THIS ARBITRATION AGREEMENT is made on [DATE]
BETWEEN (1) [PARTY A NAME] of [ADDRESS] ("Party A"); and (2) [PARTY B NAME] of [ADDRESS] ("Party B"), together the "Parties".
Background
A dispute has arisen / may arise between the Parties concerning [DESCRIPTION OF THE DISPUTE OR CONTRACT] (the "Dispute"). The Parties wish to resolve it by arbitration rather than court proceedings.
Agreed terms
1. Agreement to arbitrate. The Parties agree to refer the Dispute to arbitration under this Agreement and the Arbitration Act 1996.
2. Seat and law. The seat of the arbitration is England and Wales. This Agreement and the arbitration are governed by the law of England and Wales.
3. Appointment of the arbitrator. The arbitration will be conducted by [a sole arbitrator / [NUMBER] arbitrators]. The Parties will try to agree the arbitrator within [NUMBER] days; if they cannot, the arbitrator will be appointed by [the President of [APPOINTING BODY] / the court under the Arbitration Act 1996].
4. Authority of the arbitrator. The arbitrator will decide the Dispute, may give procedural directions, decide the procedure and evidence, and make a binding award. The arbitrator will act fairly and impartially, giving each Party a reasonable opportunity to put its case.
5. Procedure. The arbitration will be conducted [on documents only / with a hearing at [PLACE]]. The Parties will exchange their statements of case and evidence on a timetable set by the arbitrator.
6. Confidentiality. The arbitration, the evidence, and the award are generally private and confidential. However, confidentiality is subject to recognised exceptions, including where disclosure is required by law, reasonably necessary to enforce or challenge the award, reasonably necessary to protect a Party's legitimate interests, required in the interests of justice, made with the other Party's consent, or ordered by the tribunal or a court.
7. Fees and costs. The arbitrator's fees and expenses will be [shared equally / as the arbitrator directs]. The arbitrator may award the costs of the arbitration between the Parties.
8. The award. The award will be in writing, give reasons, and is final and binding on the Parties, who agree to comply with it without delay. Rights to challenge or appeal an award are limited to those allowed by the Arbitration Act 1996.
9. Counterparts. This Agreement may be signed in counterparts.
Execution
Signed by [PARTY A NAME]: __________________ Date: [DATE]
Signed by [PARTY B NAME]: __________________ Date: [DATE]
--- This template is a starting point and not legal advice. Arbitration limits your right to go to court and to appeal, have a qualified solicitor review and adapt it before use. Governing law: England & Wales.