Sample Arbitration Clause

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Disclaimer:  This sample clause is provided with the understanding that Colorado Mediators & Arbitrators is not rendering any legal or other professional service.  No representation or warranty is made concerning the application of the legal or other principles in this clause to any specific fact situation, nor is any prediction made concerning how any particular judge, arbitrator or other official will interpret or apply this clause. The proper use or application of this clause is a matter for the considered judgment of the individual legal practitioner, and the author and Colorado Mediators & Arbitrators disclaim all liability therefore.  Attorneys dealing with specific legal matters should also fully research current primary authorities.

Sample Arbitration Clause 

The Parties agree that any and all claims, controversies, breaches or disputes arising from or related to this Agreement, including those pertaining to the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration according to the procedures of Colorado Mediators & Arbitrators|COMA. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this agreement.  The arbitrator may consider the testimony and evidence presented by the parties through any or all of the following types of hearings: documentary hearing, teleconference hearing, or through a standard scheduled hearing physically-attended by the parties and legal counsel if any.  Any standard arbitration hearing that requires the parties physical presence shall be held in [city, state]. The Parties also agree that any award tendered by the arbitrator may be entered as a judgment in the United States court in and for the district within which such award was made and enforceable as an order of said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award.

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