Binding Arbitration Agreement Template

This Binding Arbitration Agreement ("Agreement") is made on [Date] between:

• Party A: [Name], [Address]
• Party B: [Name], [Address]

Collectively, the "Parties."

1. Disputes Covered

• All disputes, claims, or controversies arising out of or relating to [contract/relationship], including statutory claims, shall be resolved by binding arbitration, except for claims seeking provisional injunctive relief or as otherwise prohibited by law.

2. Arbitration Rules and Forum

• Arbitration administered by [AAA/JAMS/other provider] under its [Commercial/Employment/Consumer] Rules in effect at the time of filing.
• Arbitration location: [City, State].
• Number of arbitrators: [One/Three]; qualifications [e.g., attorney with experience in].

3. Governing Law

• Substantive law of [State] governs, without regard to conflicts-of-law principles.

4. Procedures

• Arbitrator shall allow reasonable discovery consistent with rules.
• Arbitrator may award any relief available in court, including damages, attorneys’ fees where authorized, and equitable remedies.
• Award shall be in writing with findings of fact and conclusions of law upon request.

5. Costs and Fees

• Filing fees and arbitrator compensation shall be [shared equally/paid by Party A/allocated per statute].
• Each party bears its own attorneys’ fees unless prevailing party statute applies or arbitrator awards otherwise.

6. Class Action Waiver

• Parties waive right to bring or participate in class, collective, or representative actions in arbitration or court, to the extent permitted by law.

7. Confidentiality

• Arbitration proceedings, filings, and awards shall be confidential except to the extent necessary to enforce award, comply with law, or consult professional advisors.

8. Severability

• If any provision is found unenforceable, remainder of Agreement remains in effect; court/arbitrator may modify provision to the extent permitted to reflect Parties’ intent.

9. Enforcement of Award

• Judgment on the arbitration award may be entered in any court having jurisdiction. Parties submit to jurisdiction of state and federal courts located in [County, State] for enforcement purposes.

10. Opt-Out Provision (optional)

• Party may opt out by providing written notice within [Number] days of signing.

11. Entire Agreement

• This Agreement supersedes prior discussions on dispute resolution and may be amended only in writing signed by both Parties.

12. Acknowledgment

• Parties acknowledge they have read this Agreement, understand they are waiving the right to a jury trial, and voluntarily consent to arbitration.

Signatures

Consult applicable federal and state law regarding enforceability of arbitration agreements, especially in employment or consumer contexts.