Establishing secure connection…Loading editor…Preparing document…

Mutual Agreement to Arbitrate Claims

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Agreement to Arbitrate Online

This Agreement to provide online arbitration services (the Agreement) is between ArbiClaims located at https://arbi-claims.squarespace.com on the Worldwide Web with its main office located at , and

referred to herein as ArbiClaims, of , referred to herein as Claimant, and , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Respondent. Claimant and Respondent are sometimes referred to herein as the Parties.

Whereas, certain disputes and controversies have arisen and exist between the Claimant and Respondent with regard to ; and

Whereas, Claimant and Respondent have agreed to submit their Dispute to ArbiClaims and be bound by and be governed by the rules of the American Arbitration Association now in force and effect, which are found at https://www.adr.org/aaa/faces/rules and are incorporated herein by reference. All terms used herein will be defined as set forth in said Rules;

Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Submission to Arbitration. The parties agree to refer and submit all disputes, differences, and controversies in connection with the above-stated matter to the arbitration of an arbitrator named by ArbiClaims so that he may receive and consider all evidence offered by the parties relating to the and make his award in writing, signed by him concerning the matters referred, to be delivered to the Parties on or before

2. Entering Judgment. The Parties agree that judgment may be entered on the award in any court of competent jurisdiction in , and that such award shall be final as to the Parties and issues encompassed in this Agreement.

3. Accountant or other Appropriate Professional May Assist Arbitrator. The Parties agree that the chosen Arbitrator is authorized to appoint an accountant or another appropriate professional to assist him, at the expense of the Parties.

4. Expenses. is authorized to incur any other necessary expenses in connection with the arbitration, and the Parties agree to share equally such expenses, including compensation to in an amount not more than .

5. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the state of .

6. The Parties understand and agree that no oral presentations will be made to the Arbitrator; that there will be no “hearings” in which a Party shall present information to the Arbitrator; that all submissions shall be in writing only; that the Arbitrator will base the award solely only upon such written submissions; and that the Parties are bound by the Arbitrator’s decision which will be set forth as an Award.

7. The Parties further agree not to:

A. Impersonate any person or entity or use a name or alias that they are not authorized to use;

B. Forge communications transmitted to the Arbitrator either directly or through ArbiClaims;

C. Transmit any material that encourages conduct that could constitute a criminal offense, or give rise to civil liability or to transmit any unlawful, harassing libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, as determined by ArbiClaims;

D. Reproduce, modify distribute or publicly display ArbiClaims’ on-line materials.

8. The Parties understand and agree that irrespective of where either Party to the Case or the Arbitrator resides, ArbiClaims Services provided under this Agreement, will be deemed to have occurred in the State of , in the United States of America.

9. Neither ArbiClaims nor any Arbitrator makes any warranty, representation or guaranty to any of the Parties, and to the extent permitted by law, ArbiClaims expressly disclaims any and all other warranties, express or implied; any and all implied warranties, including, without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement; and any liability for negligence.

10. ArbiClaims will not be liable for any indirect, special, punitive, incidental or consequential damages arising out of or in connection with this Agreement regardless of whether or not it has been informed of same.

11. The Parties agree to pay the fees set forth at the Arbitration Fees area found at http://www.squaretrade.com/xxxxx in connection with any Arbitration conducted pursuant to this Agreement. Payment will be due upon commencement of the Arbitration.

12. The Parties agree that the Arbitrator’s decision and Award may include costs of the prevailing party, including an amount equal to the arbitration fee, witness fees, and service of subpoenas. The Parties further agree that where the dispute arises out of a contract which provides for attorneys' fees, the Award may include attorneys' fees, and that each Party shall complete a statement of costs prior to the hearing and present it to the Arbitrator for consideration should he or she prevail.

13. The Parties agree that they may settle the issue between them by agreement at any time. In such event, upon notification to ArbiClaims and to the Arbitrator, the arbitration proceedings shall be terminated and termination shall be recorded in the Case file.

14. The Parties acknowledge and agree that the standards of the Uniform Electronic Transactions Act1, as adopted and applied in the State of shall apply with regard to execution by the Parties of this Agreement as well as to the execution and submission by the Parties of any and all documents and agreements pertaining to the services of ArbiClaims and any and all writings, affirmations, affidavits, declarations or sworn testimony that are submitted.

15. The Parties agree that ArbiClaims shall not be liable to any Party for its failure to perform under this Agreement to the extent that any such failure results from any cause beyond the reasonable control of ArbiClaims, including without limitation, acts of God, strike, electrical or power outage, the acts or omissions of a third party, earthquake, or weather.

16. The Parties acknowledge and agree that the laws of the state of will govern this Agreement and your relationship to ArbiClaims, without reference to any choice of law rules. Any dispute concerning services provided by ArbiClaims under this Agreement must be submitted to mediation prior to filing an action against ArbiClaims All actions concerning the services of ArbiClaims arising from this Agreement must be brought in the state or federal courts in the state of .

17. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision.

1 The Uniform Electronic Transactions Act (UETA) is one of the several United States Uniform Acts proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL). Forty-seven states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have adopted the UETA.

18. No Waiver. The failure of any Party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

19. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

20. Entire Agreement. This Agreement shall constitute the entire agreement between the Parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either Party except to the extent incorporated in this Agreement.

21. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement shall be binding only if placed in writing and signed by each Party or an authorized representative of each Party.

22. Assignment of Rights. The rights of each party under this Agreement are personal to that Party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other Parties.

23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

24. The use of the masculine gender shall be construed to include the feminine gender.

Witness our signatures this the day of , 20 .

Telephone No.

Fax No.

E-Mail

By:

Telephone No.

Fax No.

E-Mail

ArbiClaims

By:

Telephone No.

Fax No.

E-Mail

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Mutual Agreement to Arbitrate Claims Is

A Mutual Agreement to Arbitrate Claims is a bilateral contract provision in which two parties agree to resolve certain disputes through arbitration rather than court litigation. It defines the scope of covered claims, the arbitration rules and forum, any class-action waiver, and procedural points such as notice, costs, and discovery limitations. These agreements can be part of a larger contract or a standalone document and are commonly used to reduce court burden, set predictable procedures, and allocate dispute-resolution costs between parties while preserving enforceability under federal and state e-signature laws.

Why Parties Use a Mutual Arbitration Agreement

A clear mutual arbitration agreement narrows forum disputes, fosters predictable timelines, and can limit costly class litigation. When properly drafted and executed, it is generally enforceable under the ESIGN Act and state UETA laws, subject to statutory exceptions and public-policy constraints.

Why Parties Use a Mutual Arbitration Agreement

Who Commonly Prepares and Signs This Agreement

Organizations and individuals who want defined dispute resolution procedures often include mutual arbitration clauses in commercial, employment, or consumer agreements.

  • Corporate contracting teams and in-house counsel who draft balanced dispute-resolution provisions and manage vendor risk.
  • Small business owners and managers seeking to limit litigation exposure and set predictable dispute timelines.
  • Consumers or individual contractors when both sides prefer arbitration over costlier or slower court proceedings.

Legal, compliance, and contracting teams typically coordinate drafting and execution to ensure mutuality and enforceability across jurisdictions.

Step-by-step: Complete the Mutual Agreement to Arbitrate Claims

Follow these steps in order to prepare, finalize, and execute a mutual arbitration agreement that aligns with governing law and preserves enforceability.

  • 01
    Draft core terms: Specify covered claims, limitations, and class-action stance.
  • 02
    Choose rules: Name an arbitration provider and whether AAA/FINRA/other rules apply.
  • 03
    Set logistics: Decide seat, venue, language, and discovery scope.
  • 04
    Execute properly: Obtain signatures, witness/notary if required, and retain records.

Core elements every professional Mutual Agreement to Arbitrate Claims should include

A complete agreement balances procedural detail with clarity about which disputes are covered and how costs and remedies are allocated.

Parties

Full legal names and entity types for all contracting parties, including parent/subsidiary disclosure when relevant, to avoid ambiguity in who is bound.

Covered Claims

Clear list of claim categories subject to arbitration and explicit carve-outs for matters excluded from arbitration, such as injunctions or particular statutory rights.

Arbitration Rules

Identification of the arbitration provider, procedural rules, and any modifications to standard rules to govern hearings, subpoenas, and evidence.

Venue and Law

Designated seat, venue, and governing substantive law so arbitrators and courts apply the agreed legal framework to disputes.

Costs and Fees

Allocation of filing fees, arbitrator compensation, and prevailing-party fee-shifting or cap provisions to address economic burdens of arbitration.

Class-Action Statement

Explicit mutual waiver or allowance for class or collective procedures; clarity here reduces later challenges about class arbitration.

Required information fields at a glance

Party Names: Full legal names
Contact Details: Street address, email, phone
Effective Date: MM/DD/YYYY
Claim Types: Scope listed
Arbitrator Choice: Provider named
Signatures: Signed and dated

Customize and complete the agreement online

Configure online workflow settings so each signer receives the correct fields and the final record is auditable and retained.

Field Configuration
Signer Order Set sequential or parallel signing as required
Authentication Choose email, SMS code, or advanced verifier
Conditional Fields Use conditional logic to show clauses only when applicable
Retention Settings Enable audit trail, download, and secure storage

Where to send signed copies and how they are used

After execution, distribute copies to all parties, keep secure originals, and provide the arbitration administrator a copy only if arbitration is initiated.

  • Party Copies: Each party retains an identical signed copy
  • Corporate Records: Store master copy in contract repository
  • Arbitration Provider: Submit copy when filing a claim
  • Court Filings: File in court only if enforcement or stay needed

Digital signing and technical considerations

Choose a platform that produces tamper-evident PDFs, audit trails, and supports required signer authentication for legal compliance.

  • File Formats: PDF, DOCX supported
  • Authentication: Email, SMS, or multi-factor
  • Integrations: CRM and storage links

Timelines and important deadlines to track

Monitor effective dates, notice windows, and any arbitration-provider filing deadlines to avoid procedural forfeiture of rights.

Effective Date:

Date obligations and any statute-of-limitations tolling begin

Notice Period:

Provide required pre-arbitration notice if clause mandates it

Provider Deadlines:

Arbitration administrators set filing and service deadlines

Statute Limits:

Claims must be filed within governing statute-of-limitations

Retention Start:

Retention obligations begin on execution date

Risks and consequences of drafting or executing incorrectly

Unenforceability: Agreement may be void
Class Waiver Risk: Court may strike improper waivers
Venue Disputes: Ambiguous seat invites litigation
Cost Allocation: Unexpected arbitration fee burdens
Signature Issues: Missing attribution invalidates consent
Regulatory Conflict: Statutory exceptions can override clause

Common drafting and execution mistakes to avoid

  • Using vague language about which claims are covered, which leads to post-dispute arbitrability fights and possible judicial intervention.
  • Failing to name an arbitration provider or specific rules, causing uncertainty about procedure, emergency relief, and fee structures during a dispute.
  • Relying on handwritten initials alone where full signature blocks are required, which can create questions of intent and consent under ESIGN.
  • Neglecting consumer disclosure requirements when the contract affects consumer rights, which can render electronic consent invalid under 15 U.S.C. §7001.

Who typically has authority to sign

Corporate Counsel

General counsel or delegated in-house attorney who reviews legal terms, confirms mutuality and compliance with governing law, and signs on behalf of an entity with written signing authority or a board resolution.

Authorized Signatory

An officer or manager listed in corporate records or an individual with documented authority; ensure the signer’s title and authority are printed and verified to prevent later challenges.

Real-world examples of electronic execution for arbitration agreements

Organizations across sectors use eSignature platforms to execute arbitration clauses securely and retain full audit trails for later enforcement.

Martin Properties — Real Estate

Property manager digitized vendor and tenant dispute clauses for faster signings and recordkeeping.

  • Reduced in-person scheduling delays across transactions.
  • "I can process and execute all of these documents online with 100% compliance and built-in security." — Tim Martin, Founder, Martin Properties

BIS — Enterprise Legal

Enterprise legal team standardized mutual arbitration clauses across vendor contracts and integrated signed copies into contract repository.

  • Improved internal compliance tracking and auditability.
  • "We felt most comfortable with airSlate SignNow given their SOC 2 certification and strict focus on ESIGN and UETA act compliance." — Dan Rotelli, CEO, BIS

Drafting and execution best practices for clarity and enforceability

Follow these practical drafting tips to reduce ambiguity and improve enforceability of mutual arbitration provisions.

Be precise about scope
List the specific types of claims covered and identify any carve-outs; avoid broad catch-all phrases that invite arbitrability disputes.
Specify procedural rules
Name the arbitration provider and applicable rules to prevent later argument about applicable procedures or emergency relief.
Address costs explicitly
Define fee allocation, administrative costs, and any fee-shifting or caps to reduce surprises and encourage early resolution.
Use clear signature blocks
Include printed names, titles, and dates; when e-signing, preserve audit trails showing signer attribution and timestamp.

eSignature vendor pricing and capability snapshot for executing arbitration agreements

Compare baseline pricing and common capabilities for eSignature vendors used to prepare, sign, and store arbitration agreements. signNow is placed first for comparison consistency.

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, tiered availability Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Mutual Agreement to Arbitrate Claims

Answers to common legal and technical questions about drafting, execution, and e-signing of mutual arbitration clauses.


Need help? Contact support

Explore Templates

Employment Contract Letter Regarding Mutual Release Resolution Regarding Renewal of Contract
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.