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Waiver Of Arbitration Clause for the United States

Waiver Of Arbitration Clause Template for United States

A Waiver of Arbitration Clause is a legal document used in the United States that formally removes or modifies previously agreed-upon arbitration requirements between parties. It must comply with both federal regulations (particularly the Federal Arbitration Act) and state-specific laws. The document explicitly states the parties' intention to forgo their arbitration rights and potentially establish alternative dispute resolution methods. It requires clear acknowledgment of the rights being waived and the implications of such waiver.

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Waiver Of Arbitration Clause

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What is a Waiver Of Arbitration Clause?

A Waiver Of Arbitration Clause is utilized when parties who previously agreed to resolve disputes through arbitration now wish to pursue alternative means of dispute resolution, including litigation. This document is particularly relevant in the United States, where arbitration agreements are governed by the Federal Arbitration Act and various state laws. The waiver must be explicit, voluntary, and clearly demonstrate that all parties understand the rights they are relinquishing. It typically includes specific references to the original arbitration agreement, clear statements of waiver, and acknowledgments of the legal implications of forgoing arbitration rights.

What sections should be included in a Waiver Of Arbitration Clause?

1. Parties: Identification of all parties involved in the waiver

2. Background: Context of the original arbitration agreement and reason for waiver

3. Definitions: Key terms used in the waiver document

4. Waiver Declaration: Clear statement of the arbitration rights being waived

5. Acknowledgment of Rights: Statement confirming understanding of rights being waived

6. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Waiver Of Arbitration Clause?

1. Partial Waiver Provisions: Used when only specific aspects of arbitration are being waived, while maintaining other arbitration rights

2. Alternative Dispute Resolution: Specification of alternative methods for resolving disputes when parties want to establish a different dispute resolution mechanism

3. Time Limitations: Temporal restrictions on the waiver when intended to be temporary or time-bound

What schedules should be included in a Waiver Of Arbitration Clause?

1. Original Arbitration Agreement: Copy of the original arbitration agreement being waived

2. Legal Rights Summary: Summary of legal rights being waived and implications

3. Jurisdiction-Specific Disclosures: Any state-mandated disclosures or forms

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses




















Industries

Federal Arbitration Act (FAA): Primary federal law (9 U.S.C. ยงยง 1-16) governing arbitration agreements and their enforceability, including the framework for waiving arbitration rights

State Arbitration Laws: State-specific arbitration statutes that must be considered alongside federal requirements, as some states have additional requirements for arbitration waivers

Relevant Case Law: Key court decisions including AT&T Mobility LLC v. Concepcion (2011) and Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp. (2010) that establish fundamental principles for arbitration rights and waivers

Contract Law Principles: Basic requirements ensuring the waiver is knowing, voluntary, clear, unambiguous, supported by consideration, and not unconscionable

Industry-Specific Regulations: Additional regulations that may apply depending on the specific industry context, such as employment law or consumer protection laws

Due Process Requirements: Constitutional and procedural considerations including proper notice, fairness in the waiver process, and clear explanation of rights being waived

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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