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Arbitration Agreement (Sample)

 

WHEREAS, New England Condominium Association (“New England”) has a claim against Roofing Construction, Inc. (“Roofing”) arising from work Roofing performed for New England, and

 

WHEREAS, Roofing has a counterclaim against New England and

 

WHEREAS, New England and Roofing (hereinafter the “Parties”) have agreed to fully and finally resolve both the claim and counterclaim (both hereinafter the “Dispute”) by means of a binding arbitration, and

 

WHEREAS, the Parties have retained the of Dispute Resolution, Inc. (“DRI”) to implement the Arbitration,

 

NOW THEREFORE, the Parties do hereby agree as follows:

 

Description of the Arbitration. They will engage in the Arbitration to resolve the Dispute. Donald B. Reder, President of DRI has been mutually selected by the Parties to serve as the Arbitrator with the following responsibilities:

a. To review pre-hearing submissions,

 

b. To preside at the Arbitration and hear the arguments and review the evidence presented by the Parties. Reder will have the opportunity to question both Parties and their witnesses as he deems necessary to clarify the matters before him.

 

c. To review any post-Arbitration submissions,

 

d. To render his Decision within ten working days following the conclusion of the Arbitration as long as the Parties have paid the fees due herein. The Arbitration will be deemed concluded at the later of the closing of the hearing or the submission date agreed to by the Parties for any post-Arbitration submissions.

 

Scheduling of the Arbitration. The Arbitration will commence at 10:00 a.m. on Wednesday, May 20, 2009 at the office of Simpson, Farther & Spence or on some other day and date and at a time and place acceptable to the Parties and the Arbitrator.

Pre-Hearing Submissions. No later than two weeks prior to the Arbitration, the Parties will each submit their pre-hearing statements and exhibits except the Parties may choose to jointly submit a common documents book to which they both refer. Any individual submissions will be simultaneously provided to the Arbitrator and opposing counsel

Arbitration Payment. The Parties acknowledge that they have each agreed to be responsible for the prompt payment of DRI’s initial billing of $600.00 per party which covers all procedural and scheduling discussions, document preparation, general administration and the first three hours of substantive time the Arbitrator spends on the Dispute. Substantive time includes review of Party submitted materials, round trip travel, participation in the Arbitration, post-hearing review and Decision writing. After the first three hours included in the initial invoice, each paying Party will be responsible for its proportional share of DRI’s hourly fee of $300.00 plus expenses. All fees must be paid prior to the release of the Decision and any Party not paying DRI’s invoice within 30 days agrees to pay a 1% per month interest charge on any unpaid amount plus all reasonable costs of collection.

Any Party who postpones the Arbitration within 15 business days of the hearing agrees to be responsible for the prompt payment of a $750.00 postponement fee unless Reder is able to schedule another hearing for that date. In the event the Arbitration is cancelled, each Party agrees to pay a $1,000 cancellation fee in addition to the initial invoice fee.

 

Arbitrator’s Oath. Counsel for either Party may administer the Arbitrator’s oath.

Binding Nature of Agreement. The Parties agree that they wish the Arbitration to result in a Decision which will be final and completely resolve the Dispute without further recourse. The Parties agree that this agreement to arbitrate is contractual rather than statutory in nature and is not subject to state or federalarbitration provisions. They specifically agree that they desire very limited appellate rights and will only appeal the Decision to a court of competent jurisdiction based on a claim that the Arbitrator engaged in gross misconduct or made a material miscalculation in his Decision.

Compliance with the Decision. Unless the Parties mutually agree to a different time frame, the Decision will be complied with within thirty days of its rendering.

In the event that any Party is in noncompliance with the Decision, any other Party may ask any court ordinarily having jurisdiction over such matters to enforce the Decision and may voluntarily produce this agreement and the Arbitrator’s Decision in such enforcement proceeding.

 

A request for the court to order compliance may not be made until 45 days have elapsed after the transmission of the Decision to the Parties. In the event such reference to the court for compliance with the Decision is necessary, the compelling Party, if it procures such a court order, will be entitled to recover all of its reasonable court costs and attorney fees attributable to the reference in addition to reasonable interest for the period from thirty days after issuance of the Decision until payment is actually made.

 

Hold Harmless. The Parties acknowledge that DRI and Reder are making every reasonable effort to provide competent and impartial dispute resolution services and agree that the provision of these services does not constitute the giving of legal advice. No Party will hold, or attempt to hold, DRI, its officers, employees, shareholders, Directors or independent contractors responsible either for the outcome of the Arbitration or for the actions or inactions or DRI, the Arbitrator or any independent contractors hired by DRI on behalf of the Parties.

Recording, Confidentiality, Admissibility. Uless the Parties agree otherwise, no transcript or recording will be made of the rbitration. All aspects of the Arbitration, including without limitation, all written statements and presentations, documents, photographs and/or oral statements made by any party or its representatives and/or the Arbitrator will be kept confidential by the Parties and all other participants in the Arbitration, will not be disclosed to anyone not a participant in the Arbitration, including the court unless for purposes of appeal under paragraphs 6 & 7 above.

The Parties agree not to call or cause to be called Donald B. Reder. Notwithstanding the foregoing, the Parties agree to evenly split and promptly pay Reder’s normal hourly fee for any time he spends on the Dispute following the issuance of his Decision regardless of whether such time is required by the Parties herein, the court or any third party not a signatory hereto seeking Reder’s testimony on any matter related to the Dispute. The Parties will also evenly split and pay all reasonable attorney fees Reder incurs for advice and/or representation if in his sole discretion, such advice and/or representation is deemed appropriate.

 

Controlling Law. This Agreement will be governed by and construed in accordance with the laws of the State of Connecticut.

Duplicate Originals. This agreement may be signed in duplicate original form.

Signatures. All signatories hereto represent that they are either authorized representatives signing in that capacity or that they are the principals and acknowledge that they have read and understand this entire agreement and that they do willingly sign either with the advice of counsel or having had ample opportunity to consult with counsel.

Accepted for New England Condominium Association:

__________________________________ __________________

 

Date

 

Accepted for Roofing Construction, Inc.:

 

__________________________________ __________________

 

Date