Arbitration Policy - Template, Sample Form to Complete Pro · EN-CA-law

ARBITRATION AGREEMENT

Province of Alberta

Effective Date: ________

This Arbitration Agreement (the "Agreement") is made and is effective as of ________, by and between the following parties:

PARTY A – ________, having a principal address at:

________

E-mail: ________

AND –

PARTY B – ________, having a principal address at:

________

E-mail: ________

The parties may be referred to individually as a "Party" and collectively as the "Parties".

RECITALS

WHEREAS the Parties have entered into, or are entering into, a legal relationship with one another, as more fully described below;

AND WHEREAS the Parties desire to resolve any dispute arising between them by way of final and binding arbitration, in accordance with the Arbitration Act, RSA 2000, c A-43, and the other applicable laws of the Province of ________, rather than through the courts;

NOW THEREFORE in consideration of the mutual covenants contained herein, and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Parties agree as follows:

Article I – LEGAL RELATIONSHIP

§ 1.1   The Parties have entered into a legal relationship, the nature of which is as follows:

________.

§ 1.2   A written agreement evidencing this legal relationship is attached hereto and forms part of this Agreement. That agreement is entitled: ________ (the "Underlying Agreement").

Article II – AGREEMENT TO ARBITRATE

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§ 2.2   The Parties shall first attempt, in good faith, to resolve any Dispute through direct negotiation. If the Dispute is not resolved within ________ days of written notice of the Dispute being given by one Party to the other, the Dispute shall be referred to and finally resolved by binding arbitration under this Agreement.

§ 2.3   This Agreement constitutes a written arbitration agreement within the meaning of the Arbitration Act of the governing Province, and the Parties agree that arbitration shall be the sole and exclusive forum for the resolution of any Dispute, save and except for any matter that may not lawfully be submitted to arbitration.

Article III – SEAT, PROCEDURE AND COSTS

§ 3.1   The seat (legal place) of arbitration shall be the City of ________, in the Province of ________.

§ 3.2   The arbitration shall be conducted in the ________ language.

§ 3.3   Except as otherwise provided in this Agreement, the arbitration shall be conducted in accordance with the rules of ________ in effect at the commencement of the arbitration, and otherwise in accordance with the applicable Arbitration Act.

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§ 3.5   The arbitrator shall use reasonable efforts to render a final award no later than ________ days after the date the arbitrator is appointed, subject to any extension agreed by the Parties or ordered by the arbitrator for just cause.

§ 3.6   The arbitration and all matters relating to it shall be kept confidential by the Parties, save as may be required by law or to enforce or challenge any award.

Article IV – APPOINTMENT AND AUTHORITY OF THE ARBITRATOR

§ 4.1   The arbitration shall be conducted by a single arbitrator agreed upon by the Parties. If the Parties are unable to agree upon an arbitrator within ________ days after a Dispute is referred to arbitration, the arbitrator shall be appointed by ________ or, failing such appointment, by the court having jurisdiction under the applicable Arbitration Act.

§ 4.2   The arbitrator shall be and remain independent and impartial and shall disclose any circumstances likely to give rise to justifiable doubts as to his or her independence or impartiality.

§ 4.3   The arbitrator shall have no authority to add or join parties, to amend or vary the terms of the Underlying Agreement, to award punitive or exemplary damages, or to certify or conduct a class or representative proceeding.

§ 4.4   The arbitrator shall decide the Dispute in accordance with the substantive laws specified in Article VI.

Article V – ARBITRAL AWARD

§ 5.1   The award of the arbitrator shall be final and binding upon the Parties, and the Parties waive any right of appeal to the extent permitted by the applicable Arbitration Act.

§ 5.2   Judgment upon the award may be entered in, and enforced by, any court of competent jurisdiction.

Article VI – GOVERNING LAW

§ 6.1   This Agreement and the arbitration conducted hereunder shall be governed by, construed and enforced in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein, without regard to any conflict of laws principles.

Article VII – GENERAL PROVISIONS

§ 7.1   Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

§ 7.2   Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the resolution of Disputes and supersedes all prior negotiations, understandings and agreements, whether written or oral, relating to such subject matter.

§ 7.3   Amendment. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both Parties.

§ 7.4   Survival. This Agreement shall survive the termination, expiry or rescission of the Underlying Agreement.

§ 7.5   Enurement. This Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

§ 7.6   Counterparts. This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

EXECUTION

IN WITNESS WHEREOF the Parties have executed this Agreement as of the Effective Date first written above.

PARTY A

Name: ________

Signature:_____________________________________

Date: ________

Witness Name: ________

Witness Signature:_____________________________________

PARTY B

Name: ________

Signature:_____________________________________

Date: ________

Witness Name: ________

Witness Signature:_____________________________________