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Enter the full legal name of this party exactly as it appears on their ID or business registration.
Enter the full legal name of this party exactly as it appears on their ID or business registration.
A Mutual Arbitration Agreement is the bilateral contract in which both parties agree to resolve any future disputes — contract claims, tort claims, statutory claims — through binding private arbitration instead of a court trial or class action. The Supreme Court has consistently upheld arbitration agreements under the Federal Arbitration Act (FAA). A well-drafted arbitration agreement specifies the arbitration rules (AAA, JAMS, or other), the seat of arbitration, allocation of arbitration costs, and — critically — whether class action waivers are included. Class action waivers in arbitration agreements have been upheld by the Supreme Court in Epic Systems Corp. v. Lewis (2018). Fill out this free mutual arbitration agreement template online, e-sign it digitally, and download a legally valid PDF. no account or lawyer needed. Sections: Parties, Arbitration Terms.
This Mutual Arbitration Agreement (the "Agreement") is entered into as of ______________ by and between ______________, located at ______________ ("Company"), and ______________, located at ______________ ("Employee/Customer"), in connection with their ______________ (the "Relationship").
Company and Employee/Customer (each a "Party" and collectively the "Parties") mutually agree that any and all disputes, claims, controversies, or causes of action arising out of, relating to, or in connection with the Relationship, this Agreement, or the Parties' dealings with each other — whether sounding in contract, tort, statute, regulation, or any other legal theory — shall be finally and exclusively resolved by binding private arbitration, rather than by a court or jury trial.
This Agreement applies to all disputes, including: (a) claims arising from or relating to the Relationship or the termination thereof; (b) statutory claims under any federal, state, or local law, including employment laws, consumer protection laws, and anti-discrimination laws; (c) claims in tort, including negligence, fraud, or misrepresentation; (d) claims for breach of contract or breach of any covenant of good faith and fair dealing; and (e) claims regarding the validity, scope, or enforceability of this Agreement. This Agreement does not prevent either Party from seeking interim injunctive relief from a court of competent jurisdiction to preserve the status quo pending arbitration.
All arbitration proceedings shall be conducted under the rules of ______________ (the "Administrator"), as in effect at the time the arbitration demand is filed, except as modified by this Agreement. The Parties shall mutually agree on a single, neutral arbitrator; if they cannot agree within 30 days of demand, the Administrator shall appoint the arbitrator in accordance with its rules. The arbitration shall be conducted in ______________. The arbitrator shall have the authority to award any remedy a court of competent jurisdiction could award. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
The Parties have not agreed to waive class or collective action rights. Either Party may pursue class or collective arbitration or litigation as permitted by applicable law and the rules of the Administrator.
______________. In any arbitration involving an individual Employee's or Consumer's claims against Company, Company shall bear the arbitrator's fees and the Administrator's filing fees to the extent they exceed the court filing fee the Employee or Consumer would have paid to file the same claim in state court, to ensure access to arbitration is not cost-prohibitive.
All arbitration proceedings shall be conducted in confidence. Neither Party shall disclose the existence, nature, or results of any arbitration proceeding, or any documents exchanged in connection therewith, without the prior written consent of the other Party, except as required by law, to enforce an arbitration award, or to obtain emergency judicial relief.
No opt-out right is provided. Both Parties are bound by this Agreement from the date of execution.
This Agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., and to the extent not preempted by the FAA, by the laws of the State of ______________. If any provision of this Agreement (other than the class action waiver) is found unenforceable, it shall be severed, and the remainder of this Agreement shall remain in full force and effect.
EACH PARTY ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT CAREFULLY, HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY, AND UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LITIGATION.