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Legal Opposing Arbitration Agreement

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LEGAL OPPOSING ARBITRATION AGREEMENT

This Legal Opposing Arbitration Agreement (the "Agreement") is made and entered into as of by and between Party A: , whose principal place of business or residence is ; and Party B: , whose principal place of business or residence is .

RECITALS

WHEREAS, a dispute has arisen between the Parties concerning the matters described as:

WHEREAS, one or both Parties have asserted or may assert a demand for arbitration or a motion to compel arbitration with respect to the dispute; and

WHEREAS, the Parties desire to set forth their mutual agreement regarding opposition to arbitration and the procedures to be followed with respect to any existing or future arbitration demand arising from the matters described above.

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

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below: (a) "Arbitration Demand" means any demand, claim, complaint, or filing initiating arbitration proceedings before any arbitral forum; (b) "Proceeding" means any judicial, administrative or arbitration proceeding arising from the dispute described above.

2. AGREEMENT TO OPPOSE ARBITRATION

2.1 Mutual Opposition. Each Party agrees to oppose any motion to compel arbitration and to take no unilateral steps that would compel or convert the resolution of the Parties' dispute to arbitration without the prior written consent of the other Party. Opposition shall include, but not be limited to, filing opposition briefs, seeking stays, and asserting any available defenses to the enforceability of arbitration agreements.

2.2 Withdrawal or Suspension of Existing Arbitration Demand. If a Party has previously filed an Arbitration Demand related to the matters described in Section 1, that Party shall:

(a) within days of the effective date of this Agreement, take all steps necessary to withdraw or suspend the Arbitration Demand and obtain, where feasible, formal confirmation of such withdrawal or suspension from the arbitral forum; and

(b) provide written notice to the other Party of the withdrawal or suspension, including the arbitration provider and file number: File/Reference No.:

3. COOPERATION AND LITIGATION

3.1 If Arbitration Demand is Withdrawn. In the event any Arbitration Demand is withdrawn in accordance with Section 2.2, the Parties agree to cooperate in good faith to litigate the dispute in the courts described in Section 9 and to take such procedural steps as are necessary to transfer, reopen, or pursue claims in the appropriate court.

3.2 Cooperation. Each Party shall execute and deliver such documents and take such reasonable actions as may be necessary to effectuate withdrawal, suspension, or transfer of proceedings and to prosecute or defend claims in the selected forum.

4. COSTS, ATTORNEYS' FEES, AND SECURITY

4.1 Allocation of Costs. Unless otherwise agreed in writing, each Party shall bear its own costs and attorneys' fees incurred in opposing arbitration. Notwithstanding the foregoing, if a court or arbitrator determines that a Party acted in bad faith in pursuing or opposing arbitration, that Party shall reimburse the prevailing Party for reasonable attorneys' fees and costs.

4.2 Security for Costs. A Party may seek security for costs or an order shifting fees where permitted by applicable law; the Parties will not oppose reasonable requests for preservation of rights pending resolution of jurisdictional or arbitrability issues.

5. CONFIDENTIALITY

Except as required by law or compelled by a tribunal, the Parties agree that the existence of this Agreement and the terms contained herein shall be treated as confidential. Confidential information may be disclosed to counsel, insurers, bankers, accountants, and advisors as necessary to enforce rights under this Agreement, provided that such persons are informed of the confidentiality obligations.

6. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that: (a) it is duly authorized to enter into this Agreement; (b) the person signing on its behalf has full authority to bind the Party; and (c) entering into this Agreement does not violate any other agreement to which it is a party.

7. ENFORCEMENT; INJUNCTIVE RELIEF

The Parties acknowledge that damages may be an inadequate remedy for breach of this Agreement and that a Party may seek specific performance or injunctive relief in the appropriate court to prevent the other Party from compelling arbitration or taking actions inconsistent with this Agreement, without limiting any other remedy at law or equity.

8. NOTICES

Notices shall be deemed given when delivered personally, sent by nationally recognized overnight courier, or five (5) business days after deposit in the U.S. mail, postage prepaid, to the addresses set forth above or to such other address as a Party designates in writing.

9. GOVERNING LAW; JURISDICTION

This Agreement shall be governed by and construed in accordance with the substantive laws of the State of , without regard to conflict-of-law principles. The Parties agree that the state and federal courts located in the county of shall have exclusive jurisdiction to resolve disputes regarding enforcement of this Agreement.

10. AMENDMENT; WAIVER; COUNTERPARTS

10.1 Amendment. This Agreement may be amended or modified only by a written instrument signed by both Parties.

10.2 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party granting the waiver. The failure to enforce any provision shall not constitute a waiver of that provision or of the right to enforce it later.

10.3 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be effective as original signatures.

11. ENTIRE AGREEMENT; SEVERABILITY

11.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and negotiations, whether oral or written.

11.2 Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the intent of the Parties to the fullest extent permitted by law.

12. AUTHORITY

Each individual signing below certifies and warrants that he or she is duly authorized to execute this Agreement on behalf of the Party for which he or she signs and that such Party is bound by the terms contained herein.

Party A:

By:

Date:

Party B:

By:

Date:

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What the Legal Opposing Arbitration Agreement Is

A Legal Opposing Arbitration Agreement is a written filing or contractual amendment used to challenge or opt out of an existing arbitration clause or to document mutual agreement that disputes will be resolved in court instead of arbitration. It may be submitted as a standalone contract amendment, a notice of objection, or as part of pleadings in litigation. Parties use it to preserve court-based remedies, clarify jurisdiction, and record mutual consent. Electronic execution is generally accepted under federal and state e‑signature laws when the four ESIGN/UETA validity elements are satisfied.

Why this Agreement Matters for Dispute Rights

Using a Legal Opposing Arbitration Agreement preserves judicial remedies and clarifies dispute-resolution expectations between parties, which can affect access to class actions, jury trials, and procedural discovery. Ensure the document expressly records intent and consent to avoid inadvertent waiver and to meet electronic signature legal tests.

Why this Agreement Matters for Dispute Rights

Typical parties who prepare or sign this agreement

These profiles reflect common users who need to oppose or opt out of arbitration clauses.

  • In-house legal teams managing contract portfolios and avoiding arbitration for high-stakes disputes.
  • Individual claimants or employees asserting the right to litigate rather than arbitrate.
  • Outside counsel drafting objections, amendments, or litigation pleadings to preserve court jurisdiction.

Match the document language and execution method to the signatory type to reduce enforceability risk.

Who can sign and why it matters

Corporate Counsel

Authorized corporate officers or attorneys-in-fact should sign when amending standard form contracts; inaccurate authority can render the amendment void or invite dispositive motions.

Individual Signatory

Employees or consumers must sign with clear, documented intent; courts examine consent, notice, and any required consumer disclosures when e-signatures are used.

Core elements to include in a professional opposing arbitration agreement

A complete document addresses identity, scope of the objection, effective date, governing law, signatures, and supporting proof. Each element reduces ambiguity and increases enforceability in later proceedings.

Clear Parties

Identify each party by full legal name and capacity (individual, corporation, agent), matching government or corporate records to avoid identity disputes.

Arbitration Clause Reference

Quote or cite the exact clause being opposed, including contract section and original execution date, so the scope of objection is unmistakable.

Statement of Opposition

Plain-language declaration that the party opposes arbitration or opts out, specifying whether the change is mutual or unilateral under contract terms.

Effective Date

Specify the exact MM/DD/YYYY when the opposition takes effect and whether it applies prospectively or retroactively to existing claims.

Governing Law and Venue

Name the state law governing interpretation and the chosen forum for disputes to reduce jurisdictional challenges later.

Signature and Authentication

Provide signature blocks, printed names, dates, and an authentication method (notary, witness, or eSignature audit trail) to support validity.

Required information fields at a glance

Party Names: Full legal names
Contract Reference: Section and date
Opposition Statement: Short declarative text
Effective Date: MM/DD/YYYY
Governing State: State name
Signature Details: Signer name and date

Step-by-step: completing the Legal Opposing Arbitration Agreement

Follow these sequential actions to prepare and execute the agreement correctly and reduce procedural challenges.

  • 01
    Assemble records: Locate original contract and clause
  • 02
    Draft opposition: Reference clause and state objection
  • 03
    Select execution method: Choose eSign, notarization, or witnesses
  • 04
    Distribute copies: Send executed copies to all parties

How to configure an online workflow for this agreement

When completing digitally, set authentication, signature type, and routing to mirror the paper process and preserve evidentiary detail.

Field Configuration
Authentication Email + optional SMS code
Signature Type Typed name or drawn signature
Conditional Fields Show attachments only if evidence exists
Notifications Automatic signer reminders

Typical routing and submission destinations

Understand where the executed agreement should go depending on whether it amends a contract or is filed in litigation.

  • Counterparty: Send signed copy to other party
  • Company Records: Store in contract repository
  • Court Filing: Attach to pleadings if litigation ongoing
  • Regulatory Notice: Provide to regulators where required

Digital signing and platform considerations

Choose a platform that captures a complete audit trail and supports your intended signer authentication level.

  • Integrations: CRM and storage connectors
  • File Types: PDF and DOCX supported
  • Authentication Options: Email, SMS, KBA, SSO

Ensure the platform you select allows export of signed PDFs with timestamps, signer IPs, and an auditable history to support court or administrative review.

Timing considerations and common deadlines

Be aware of contractual response windows and statutory limitations that can affect the effectiveness of opposing arbitration.

Contract Notice Period:

Meet any contract-prescribed deadlines

Arbitration Demand Response:

Typically 20–45 days

Statute of Limitations:

Varies by claim and state

Court Filing Cutoffs:

Assert objections before hearing

Record Retention:

Preserve records until dispute resolves

Common mistakes to avoid when preparing this agreement

  • Failing to reference the exact arbitration clause creates ambiguity about which provision is opposed and weakens enforcement arguments.
  • Using informal or ambiguous language instead of a clear, unqualified statement of opposition can be interpreted as inconsistent conduct.
  • Missing signer authority or failing to document corporate authorization invites challenges to the agreement's validity and enforceability.
  • Relying on an incomplete electronic audit trail or omitting required consumer disclosures (when applicable) can undermine e‑signature admissibility.

Penalties and legal risks of incorrect or incomplete submissions

Waiver Risk: Loss of rights
Dismissal Risk: Procedural dismissal possible
Sanctions: Court-imposed costs
Evidence Loss: Documents excluded
Financial Exposure: Increased litigation cost
Professional Liability: Malpractice exposure

eSignature vendor pricing and capability snapshot for executing this agreement

Compare basic pricing and key features relevant to executing and storing legally defensible signed agreements; signNow is listed first per format requirements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about opposing arbitration

Answers to common concerns about enforceability, e-signatures, timing, and evidence when preparing an opposition to arbitration.


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