Free to Use

Model Arbitration Clauses

Copy-paste ready legal language for use in your contracts and agreements. Drafted to be fully enforceable under the Federal Arbitration Act. These are model forms — consult an attorney for your specific situation.

Pre-Dispute Clause — Short Form

Designed for insertion into contracts where simplicity is preferred. Suitable for most commercial agreements.

When to Use

Use when you want a clean, readable clause for standard commercial contracts (vendor agreements, service agreements, consulting contracts, software licenses).

ARBITRATION. Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be finally resolved by binding arbitration administered by Arbitd under its Rules of Arbitration, conducted remotely via the Arbitd online platform (arbitd.com). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

Pre-Dispute Clause — Full Form

Comprehensive arbitration clause for larger or more complex agreements. Covers governing law, seat, costs, confidentiality, class action waiver, and emergency relief.

When to Use

Use in significant commercial contracts, partnership agreements, shareholder agreements, real estate contracts, and any agreement where comprehensive coverage is important.

ARBITRATION.

(a) Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (collectively, "Dispute"), shall be determined exclusively by binding arbitration.

(b) Administrator and Rules. The arbitration shall be administered by Arbitd in accordance with its Rules of Arbitration then in effect, available at arbitd.com/rules. The arbitration shall be conducted remotely via the Arbitd online platform.

(c) Arbitrator. The arbitration shall be decided by a sole arbitrator appointed pursuant to the Arbitd Rules of Arbitration.

(d) Seat; Governing Law. The seat (legal place) of arbitration shall be New York, New York. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The substantive law of [STATE] shall apply to the merits of the dispute.

(e) Costs. The costs of the arbitration, including the arbitrator's fees, shall be allocated by the arbitrator in the award. Each party shall initially bear its own attorney's fees, subject to reallocation by the arbitrator.

(f) Confidentiality. The existence of the arbitration, all submissions, and the award shall be kept confidential by both parties, except as required by law or to enforce the award.

(g) Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

(h) Emergency Relief. Notwithstanding the foregoing, either party may seek emergency injunctive or other interim relief from a court of competent jurisdiction to the extent necessary to prevent irreparable harm pending resolution of the dispute by arbitration.

(i) Jury Trial Waiver. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT.

(j) Enforcement. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The award shall be final and binding and may not be appealed except on the grounds set forth in the Federal Arbitration Act.

Post-Dispute Submission Agreement

For use when a dispute has already arisen and there is no pre-existing arbitration clause. Both parties sign to agree to resolve their specific dispute through Arbitd.

When to Use

Use this when parties already have a dispute and want to avoid litigation. Both parties must sign. Fill in the bracketed fields.

ARBITRATION SUBMISSION AGREEMENT

This Arbitration Submission Agreement ("Agreement") is entered into as of [DATE] by and between:

Claimant: [FULL NAME / ENTITY], [ADDRESS] ("Claimant")

Respondent: [FULL NAME / ENTITY], [ADDRESS] ("Respondent")

RECITALS

A. A dispute has arisen between the parties regarding: [BRIEF DESCRIPTION OF DISPUTE] (the "Dispute").

B. The parties desire to resolve the Dispute through binding arbitration administered by Arbitd, in lieu of litigation.

AGREEMENT

1. Agreement to Arbitrate. The parties hereby agree to submit the Dispute, and all claims arising therefrom, to final and binding arbitration administered by Arbitd under its Rules of Arbitration then in effect (arbitd.com/rules).

2. Scope. This Agreement covers all claims, counterclaims, and defenses related to the Dispute described in Recital A, including any claims for breach of contract, fraud, misrepresentation, unjust enrichment, or other legal or equitable theories arising from the same facts.

3. Arbitrator. The arbitration shall be decided by a sole arbitrator appointed by Arbitd pursuant to its Rules of Arbitration.

4. Proceedings. The arbitration shall be conducted remotely via the Arbitd online platform. The arbitration shall be governed by the Federal Arbitration Act.

5. Award. The arbitrator's award shall be in writing, shall set forth findings of fact and conclusions of law, and shall be final and binding. Judgment upon the award may be entered in any court of competent jurisdiction.

6. Costs. The costs of arbitration shall be allocated as provided in the Arbitd Fee Schedule and Rules. Each party agrees to pay its allocated share of arbitration costs as directed by Arbitd.

7. Confidentiality. The proceedings and award shall be kept confidential, except as required by law or to enforce or challenge the award.

8. Jury Trial Waiver. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO THE DISPUTE.

9. Mutual Agreement. Each party acknowledges that: (a) it has had the opportunity to consult with counsel; (b) it understands that arbitration is final and binding with very limited appeal rights; and (c) it is entering into this Agreement voluntarily.

10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to arbitration of the Dispute and supersedes all prior negotiations and agreements on the subject.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

CLAIMANT:
Signature: _________________________ Date: _________
Printed Name: _______________________
Title (if entity): _____________________

RESPONDENT:
Signature: _________________________ Date: _________
Printed Name: _______________________
Title (if entity): _____________________

Important Notes

  • • These clauses are provided as a starting point. Every situation is different — consult a licensed attorney before relying on these forms.
  • • Pre-dispute clauses are enforceable under the Federal Arbitration Act if the underlying transaction involves interstate commerce (which includes virtually all commercial transactions).
  • • For consumer contracts in certain states (including some California and New York consumer contracts), additional disclosures may be required.
  • • Class action waivers are generally enforceable under AT&T Mobility LLC v. Concepcion (U.S. 2011), but check applicable state law.
  • • Fill in bracketed fields ("[STATE]", "[DATE]", etc.) before use.