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ARBITRATION CLAUSE FOR CONTRACTS

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Any controversy or claim arising out of or relating to this contract, or any breach thereof, shall be settled by binding arbitration, and judgment upon the award may be entered in any court having jurisdiction thereof pursuant to the Federal Arbitration Act. The arbitrator shall have the authority to grant all appropriate relief, including but not limited to: compensatory, exemplary, declaritory or injunctive.

The arbitration shall be conducted before GAMS, or its successors, using a sole arbitrator (assigned by GAMS from the GAMS arbitrators panel) and, unless agreed in writing by the parties within 10 days of the filing of a demand for arbitration, be conducted in the city where the contract was first executed. The arbitrator may make an initial determination of the location of the arbitration, and unless another location is mutually agreed by the parties, in writing, said determination by the arbitrator shall become final and binding 3 days after the arbitrators ruling.

The arbitration shall be administered by GAMS, or its successors, pursuant to its current arbitration rules and procedures. In the arbitration the arbitrator shall not be bound by the rules of evidence or legal precedent. All decisions including those of law and fact are final and binding upon the parties. There shall be no discovery in the arbitration. Unless extended by the arbitrator, the arbitration shall commence no later than 3 months after the appointment of the arbitrator. Unless extended by the arbitrator the hearing shall not continue past 5 days. The arbitrator may grant provisional remedies, enforceable in any court of competent jurisdiction.

The arbitrator shall, in the Award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party who, in the sole discretion of the arbitrator, received the greater relief in the entire arbitration.

Each party irrevocably consents to service by first class mail for all process for matters arising from this agreement. Any judicial determination of substantive arbitrability shall be solely determined by the Superior Court in Orange County California. All matters of procedural arbitrability shall be decided by the arbitrator whose decision shall be final and binding.

NOTICE: By signing in the space below you are agreeing to have all disputes, claims or controversies arising out of or relating to this Agreement decided by neutral binding arbitration, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. By signing in the space below you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.

We have read and understand the foregoing and agree to submission of all disputes, claims or controversies arising out of or relating to this Agreement to binding arbitration in accordance with this agreement.

____________________ ____________________

Party

____________________ ____________________

Party

 

Global Arbitration And Mediation Service (GAMS) Provides Fair, Just, Simple, Quick And Effective Dispute Resolution

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Contact Us
Home
Scope Of Business Services
Consulting Services
Business Coaching
Training and Seminars
Business Speakers
Business Support Services
Management
Peak Performance Management
Company Formation
Administration
Planning
Compliance
Registered Agent Services
Funding
Finance and Asset Management
Qualitative & Quantitative Research
Product/Service Development
Marketing
Global Market Penetration Services
Advertising
Branding
Positioning
Competition
Sales
Customer Service
Customer Loyalty
Customer Relationship Management
Change and Challenges
Complex Problem Solving
Strategy Development
High Performance Strategies
Improving Performance
Cost Containment & Reduction
Corporate Transformation
Restructuring and Reorganization
Organization
Leadership
Team Development
Human Resources
Policies and Procedure
Ethics and Values
Operation
Resource Planning
Process Optimization
Quality Improvement
Infrastructure
Facilities
Procurement
Supply Chain Management
Distribution
Logistics
Outsourcing
Global Outsourcing Services
Communications
Public Relations
Media Relations
Government Relations
Project Management
Contracts
Negotiation
Intellectual Property
Dispute Resolution
Mediation
Arbitration
Litigation
Legal Audits & Legal Fee Review
Risk Management
Asset Protection
Business Continuity
Globalization/Internationalization
Offshore Business
Business Immigration Consulting
Business Resources
Why Business Fail
Warning Signs for Business
Why Business Don’t Grow
Why a Business Plan Is Important
Why an Entrepreneur Is Successful
Traits of a Good Salesperson
Why Strategies Fail
Do You Need Our Services
Frequently Asked Questions
Our Company
Maxims
Business Polls
Sitemap
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