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GUIDELINE

Guideline for Drafting a Form of Agreement to Refer the Dispute to One Arbitrator:

Usage:
A Form of Agreement to Refer the Dispute to One Arbitrator is used when two parties involved in a dispute want to opt for arbitration instead of litigation and agree to appoint a single arbitrator to resolve their issues. This document outlines the arbitration process, rules, and responsibilities of the arbitrator. Here's a concise guideline:

Identification: Clearly identify the parties involved, specifying their names, roles, and the nature of the dispute.

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

Arbitration Procedures: Detail the procedures for initiating arbitration, presenting arguments, gathering evidence, and rendering awards.

Arbitrator's Authority: Define the scope of the arbitrator's authority, 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 both parties involved sign the agreement to refer the dispute to one arbitrator.

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 terms or circumstances change.
Drafting a Form of Agreement to Refer the Dispute to One Arbitrator is essential 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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