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GUIDELINE

Guideline for Drafting an Agreement to Refer Dispute to One Arbitrator (Usual Form):

Usage:
An Agreement to Refer Dispute to One Arbitrator (Usual Form) is used in various legal and commercial contexts when parties wish to resolve disputes through arbitration and agree to appoint a single arbitrator. This agreement outlines the rules, procedures, and responsibilities for the arbitration process. It is commonly used in contractual agreements, especially where parties prefer arbitration over litigation. Here's a concise guideline:

Header: Include the names of the parties involved, date of the agreement, and a clear title indicating it's an arbitration agreement.

Arbitrator Selection: Identify the chosen arbitrator, specifying their qualifications, impartiality, and responsibilities.

Arbitration Procedures: Detail the procedures for initiating arbitration, presenting arguments, gathering evidence, and rendering awards, considering the use of a single arbitrator.

Arbitrator's Authority: Define the scope of the arbitrator's authority, their decision-making process, and any limitations or exclusions.

Governing Law: Specify the governing law or jurisdiction for the arbitration agreement.

Confidentiality: Include a confidentiality clause to protect sensitive information discussed during arbitration.

Signature: Ensure that all parties involved sign the agreement.

Common Mistakes to Avoid:

Ambiguity: Ensure the agreement is clear and specific to prevent disputes over its interpretation.
Neglecting Legal Review: Consult legal professionals to ensure compliance with arbitration laws and regulations.
Failure to Define Rules: Specify the rules, timelines, and procedures for arbitration clearly.
Excluding Key Details: Include provisions for cost-sharing, choice of arbitration organization, and venue.
Ignoring Changes: Update the agreement if the dispute's nature or circumstances change.
Drafting an Agreement to Refer Dispute to One Arbitrator (Usual Form) is crucial for a fair and efficient dispute resolution process. Legal consultation is advisable to create a document that is legally sound, compliant, and tailored to the specific needs and concerns of the parties while ensuring compliance with relevant laws and regulations.

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