Alternative Dispute Resolution (ADR) Sample Clause for Commercial Contracts

Below is a suggested Alternative Dispute Resolution (ADR) Sample Clause for Commercial Contracts. For use of the Brief arbitration clause, you will need to choose the language that best suits your needs for your agreement or agreements and their subject matter.   

As a friendly reminder, Brief cannot provide legal advice, and the use of this clause should be reviewed and approved by your attorney or legal advisor.

Commercial Arbitration Clause

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof (including any monetary disputes or declaratory relief actions) will be settled by arbitration administered by Ejudicate, Inc. d/b/a BRIEF (“BRIEF”) in accordance with Brief’s then published rules, E-Judge selection procedures, discovery restrictions, document and evidentiary review, and live-hearing conditions found at www.thinkbrief.com. The parties to this Agreement agree that hearings and live testimony are limited and will be initiated solely at the discretion of the Arbitrator and that the Arbitrator may, at his or her sole discretion, make a ruling based solely on the evidence, documents and written testimony submitted by the parties.

The Brief. arbitrator’s decision is final and binding on the parties and judgment may be entered thereon. Judgment on the award rendered by the arbitrator may be entered in any court that has proper jurisdiction. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including reasonable attorney fees and costs for having to compel arbitration or defend or enforce the award.

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Unless otherwise stated or expressed in this Agreement, the parties agree that Brief will apply California law to this dispute and its adjudication.

The Parties agree that the arbitrator can rely on digital copies of this Agreement, digital signatures (as applicable) and all applicable documents and evidence submitted to the arbitrator on the Brief platform and each submission will be deemed to be evidentially authentic(ated) by the arbitrator unless specifically and timely objected to by a Party.  

Talk to an Arbitration Specialist

Ask us how adopting an Brief arbitration clause into your contract(s) can save you precious time and money when resolving future monetary disputes. Entirely online and without the need of hiring expensive lawyers.

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