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.
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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
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
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
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