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5.21.12 contract terms no.  1 arbitration clauses
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5.21.12 contract terms no. 1 arbitration clauses


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  • 1. Biz Contract Term EXPLORED: Arbitration ClausesIntroduction/DefinitionWhat is an “arbitration clause”? You have seen it in agreements and may have thoughtit just meant “mediation.” Well let me tell you---it means SOOOO much more than that.There is a whole federal statute devoted to arbitrations.Arbitrations were created as a semi-judicial way of handling disputes to alleviatecongestion in the Court system. Arbitrations are similar to mediations but arbitrationsare more formal and can be compulsory and have binding effects. An arbitration clauseis a clause in an agreement that requires the parties to a contract to resolve theirdisputes outside of Court through a third party, an arbitrator.There are a few points to consider whenever you see an “arbitration clause”, which isusually towards the end of a document.Points to Consider1. Most of the time, the decision of the arbitrator is BINDING and COMPULSORY. Inother words, not only MUST the parties participate in arbitration but the decisionof the arbitrator is FINAL and has the same legal force as a Judge’s decision.2. These clauses are combined with “forum selection” clauses a lot of times whichwe will discuss in a later blog. So not only will all parties be required to foregothe Court process but it could be in an unfamiliar court, territory or jurisdiction ifyou’re not careful about agreeing to certain language in the contract.In Georgia…1. You can appeal to the superior court after the holding of an arbitrator BUTcertain requirements have to be strictly followed to appeal; consult an attorneyto guide you through that process.2. Arbitration DOES NOT keep either party from discovery, the process of obtaininginformation from the other side that you will see in typical court proceedings andthe litigation process.3. The arbitration award is mandated to be issued in writing with all partiesreceiving a copy of the award.General AdviceArbitration clauses can be your BEST friend depending on your jurisdiction and the sideof the contract you are on (employer vs. employee, consumer vs. vendor, etc.) becauseof how typically arbitrators side with certain parties on certain issues in certain states orjurisdictions.
  • 2. You will need to obtain competent business counsel to give you advice as to whetheryou should include one of these clauses in an agreement or whether you should beamicable to signing an agreement with one of these clauses.There are ways to get creative with these clauses such as adding details of how thearbitrator will be chosen, from which list, within which time period otherwise the Courtcan be sought, etc. Again, seek legal counsel to make this a viable and compellingoption.NOTE: This legal presentation is only authorized for Georgia businesses and onlypertains to Georgia-based businesses. Any and all legal advice only applies to the lawsin the state of Georgia and Kendrick Law Practice is only authorized to practice law inthe State of Georgia.Why Kendrick Law Practice?- We SAVE you money by:1. Providing access to comprehensivelegal AND business advice andconsulting, creating value foryour companys investment in us.KLPs Founder, Darshun Kendrick, holds a law degree and Masters in BusinessAdministration.2. Providing security through our three (3) point guarantee:1. "24 hour guarantee"- You will receive a phone call from an attorney within24 business hours of submission your information through our website;2. "72 hour guarantee"- You will receive your document drafted or reviewedwithin 72 business hours after payment (or its FREE!) and3. "Dispute guarantee"- KLP will negotiate the terms of any document thatwe drafted or reviewed FOR FREE should a dispute arise (*Does NOTinclude litigation costs.).3. Providing predictability through our FLAT FEE pricing on most of ourservices. You know EXACTLY what you are paying for a completed document.