Welcome to Clause Generator

If you need to quickly and efficiently draft an arbitration clause or agreement – start here. Forum's Clause Generator is an intuitive, easy-to-use tool that helps you determine which elements to include in your arbitration clause.  Clause Generator automatically builds the clause for you so you can copy/paste it into your agreement or download it to your computer.

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To use Clause Generator, simply follow four easy steps:

  1. Choose the type of arbitration clause you need (current or future dispute).
  2. Select the tabs of the wizard that apply to your situation, choosing from several available options. You can go back and forth in the wizard and add and remove elements.
  3. Customize your clause. Where you’re prompted to [fill in information], fill in the proper limitations. You can freely add text of your own choosing either before or after you download the clause.
  4. Download or copy/paste the clause.

Terms and Conditions

Scroll down to agree to the terms.  You will be presented with clause generation options after you have agreed to the terms.
 

This Clause Generator provides general information about arbitration and dispute resolution, but you should not rely on this information without first obtaining the advice of an attorney. In making the Clause Generator available, Forum is not providing legal advice. Forum is an administrator of arbitration and other alternative dispute resolution services, and Forum does not engage in the practice of law. No attorney-client relationship of any kind is created by the use of the Clause Generator. The Clause Generator is provided on an “as is” basis and you use it at your own sole risk. Forum expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. Forum disclaims any responsibility for the completeness, reliability, or accuracy of the information provided or the legal enforceability of clause language that may be generated using this tool. Forum is not responsible for any errors the Clause Generator may contain, whether caused by negligence or otherwise, or for any loss, however caused, arising out of the use of this tool.

By checking the box below, you acknowledge that you have read and agree to the terms and conditions provided above.

Activity type

Clause Generator

An arbitration clause should specify the organization that will administer the case. More than one organization may be listed, as well as a method to select between or among the multiple organizations.

Consider the application of procedural law when selecting a Locale. If there is no agreement by the parties, the Locale will be determined by the Forum based on factors including the location of the circumstances of the dispute, the convenience of the parties, and the financial burden on the respective parties. See also Rule 2.3.

Key considerations when deciding whether to proceed with a single arbitrator or a panel of (typically three) arbitrators are the substantially reduced costs associated with a single arbitrator versus the diversity in perspectives, expertise, and selection procedures that can be obtained with a multi-arbitrator panel. See also Rules 3.2 and 3.3.

The selected arbitration rules will contain arbitrator-selection procedures. If the Parties choose a different procedure, they should ensure that the selection procedure is workable in practice and should consider implementing a fallback selection mechanism involving the arbitration provider, a court, or some neutral party. See also Rule 3.3.

With the consent of the other arbitrators, the Chair on a multi-arbitrator panel often rules on pre-hearing requests and handles procedural issues to keep the arbitration moving smoothly. See also Rule 3.2.

The arbitration clause may require that the Arbitrator(s) are specifically knowledgeable or experienced in a particular field or field of law. When specifying arbitrator qualifications consider that the more specific requirements, the more limited the pool of arbitrators may be.

The body of procedural law that governs the arbitration is most often the Federal Arbitration Act (FAA), however certain special situations related to state insurance laws may implicatestate arbitration law through the doctrine of reverse preemption. To address any uncertainty, Parties may specifically invoke the FAA in their arbitration clause.If language elsewhere in the Parties’ agreement(s) does not make clear which body of substantive law will be applied to decide their disputes, this can be specified in the arbitration clause. See also Rule 3.1.

Arbitration providers often have specific rule sets that apply to different types of disputes. Parties should consider specifying the specific rule set that will govern their disputes. It is common to specify that the Rules to apply will be the version of the Rules that is in effect when the claim is filed. See also Rule 1.2.

An arbitration clause that is silent on cost and fee allocation will mean, absent remarkable circumstances, that each Party will be responsible to pay their share of the arbitration costs and their own attorney’s fees and costs. See also Rule 5.1.

An arbitration clause that is silent on cost and fee allocation will mean, absent remarkable circumstances, that each Party will be responsible to pay their share of the arbitration costs and their own attorney’s fees and costs. See also Rule 5.1.

Parties should consider specifying a hearing type that is most appropriate for the type of dispute most likely to arise from their relationship. Arbitration allows for procedural flexibility in this regard. See also Rules 4.1 and 4.2 in the Business-to-Business Code of Procedure.

Arbitration rules most often permit more limited discovery than would be obtained in court. Parties may reinforce this by further limiting discovery in their arbitration clause. Parties may instead agree to expand available discovery, but should be aware of the increased arbitration cost and duration that would result. See also Rules 4.5, 4.7, and 4.10 in the Business-to-Business Code of Procedure.

A standard Award is a simple statement of which Party prevailed and what relief was granted. A reasoned Award includes, at minimum, the reasoning of the Arbitrator(s). An Award containing full findings of fact and conclusions of law is even more extensive and detailed. See also Rule 5.1.

The Parties should be aware of time limitations contained in the selected arbitration rules. If tighter deadlines are desired they may be prescribed in the arbitration clause. Parties should ensure that any drafted time limitations are workable in practice. See also Rule 2.5.

Parties should consider both the language in which any hearing(s) will be conducted and any necessary document translations. Language skills must also be considered during the arbitrator selection process. See also Rule 4.1(C).

Parties may reduce the discretion granted the Arbitrator(s) by placing parameters around permitted Award amounts. High/Low Arbitration prescribes minimum and maximum Award amounts. Baseball Arbitration requires the Award to be in the amount of either Party’s submitted last/best offer. Other formulations are possible.

Parties may alter the confidentiality provisions contained in the arbitration rules by drafting specific language in the arbitration clause. See also Rule 1.4.

Clause

We agree that any claim or dispute between us shall be resolved by arbitration administered by the FORUM under the Code of Procedure for Resolving Business-to-Business Disputes in effect when the claim is filed. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

The Parties agree to submit to binding arbitration by, and under the Code of Procedure of the Forum, the following matters in dispute: [briefly describe the controversy.]

We agree that the arbitration of any claim or dispute between us shall be administered by the FORUM.

We agree that the mediation of any claim or dispute between us shall be administered by the FORUM.

We agree that the arbitration of any claim or dispute between us shall be administered by the FORUM or provider [fill in name of alternate provider] to be determined by provider selected by the first Party to file a claim.

The locale shall be the state of [fill in state].

The locale shall be [fill in country].

The locale shall be the city of [fill in city, state].

The arbitration shall be conducted by a single Arbitrator.

The arbitration shall be conducted by a panel of three Arbitrators.

The arbitration shall be conducted by a single Arbitrator unless the amount in dispute exceeds $[fill in dollar amount] in which case the arbitration shall be conducted by a panel of three Arbitrators.

The Arbitrator shall be selected according to the procedures defined by the applicable arbitration rules.

The three Arbitrators will be selected by the following method:Claimant will select one Arbitrator and Respondent shall select one Arbitrator and those two Arbitrators will select the third Arbitrator who will act as Chair.

Claimant and Respondent will each timely prepare a list of at least five (5) acceptable Arbitrator candidates and submit the list to the other side upon receipt of which, each party will select an Arbitrator and those two Arbitrators will select the third Arbitrator who will act as Chair.

The Chair of the arbitration will be selected by mutual agreement of the Parties, however, if the Parties cannot agree the selection will be made by FORUM.

The Chair of the arbitration will be selected by agreement of the Arbitrators, however if the Arbitrators cannot agree, the selection will be made by FORUM.

The selection of the Chair will be made by FORUM.

The Chair will be responsible for all procedural decisionsunless the Chair delegates a responsibility for a procedural decision to another Arbitrator.

The single Arbitrator will be demonstrably knowledgeable in the subject area of [fill in text]

The three Arbitrators will be demonstrably knowledgeable in the subject matter of [fill in text]

Among the three Arbitrators, at least one will be demonstrablyknowledgeable in [fill in text], at least one will be demonstrably knowledgeable in [fillin text], and at least one will be demonstrably knowledgeable in [fill in text].

Among the three Arbitrators, at least one will be have the designation of [fill in text], at least one will be demonstrably knowledgeable in [fill in text.]

The Arbitrator(s) shall apply the substantive law of [fill in text].

The Arbitrator(s) shall apply the substantive law of [fill in text], without regard to principles of conflicts of laws.

The Arbitrator(s) shall apply the law of [fill in text].

The Arbitrator(s) shall apply the law of [fill in text], without regard to principles of conflicts of laws

The Arbitration will be conducted under the FORUM Code of Procedure for Resolving Business-to-Business Disputes.

The Arbitration will be conducted under the FORUM Code of Procedure for Resolving Franchise Disputes.

The Arbitration will be conducted under the FORUM Code of Procedure for Resolving Intellectual Property Disputes

The Parties agree to divide evenly the cost of the Arbitration including the cost of the Arbitrator(s).

The Parties agree to divide evenly the administrative costs of the Arbitration, and each Party will be responsible for paying the compensation and expenses of the party-appointed Arbitrator that Party appointed and half of the compensation and expenses of the Chair.

Prevailing Parties are entitled to recover the costs of the Arbitration including FORUM administrative cost, Arbitrator compensation and expenses and Attorney’s Fees in whatever percentage of the original claim each Party is determined by the Arbitrator(s) to have prevailed.

A Prevailing Party, if one is determined by the Arbitrator(s), is entitled to recover reasonable attorney’s Fees.

Each party will pay its own Attorney’s Fees.

Any Hearing held will be in-person, by telephone, or by videoconference as determined by agreement of the parties or, in absence of agreement, by the Arbitrator(s).

The Arbitration shall be conducted and the Award decided based on the submission of documents with no oral testimony given.

Arbitrations of claims less than $[fill in dollar amount] will be decided by the submission of documents with no oral testimony given.

Discovery will be limited to a timely exchange of documents.

Discovery will be limited to a timely exchange of documents and [fill in number] number of depositions.

Discovery will be limited to a timely exchange of documents and ,[fill in number] number of depositions. Parties must show good cause to the Arbitrator(s) for approval of the request for any additional discovery.

Documents electronically stored and/or produced (E-discovery) may be delivered in any reasonable form as determined by the Arbitrator(s). The Arbitrator(s) have full authority to determine the scope of the E-discovery search and production as well as the allocation of the costs of its production

The Award shall be a reasoned Award stating the reasoning of the Arbitrator(s).

The Award shall be a brief reasoned Award stating the reasoning of the Arbitrator(s).

The Award shall contain a recitation of full findings of fact and conclusions of law.

The Award shall be a standard Award unless agreed by the Parties.

The Parties will attempt to resolve any dispute or controversy prior to proceeding to arbitration for a period of [fill in number of days].

The Arbitration will be concluded within [fill in number] of months calculated from the initiation of the Claim until the delivery of the Award.

Discovery will be completed within [fill in number of days] from the initiation of the Claim

The evidentiary hearing will take place within [fill in number of days] from the initiation of the Claim

At the hearing, each Party will be allotted [fill in number of days] to present evidence and conduct cross examination.

The Award will be rendered within [fill in number of days] days of the close of the hearing or within [fill in number of days] of service of post-hearing briefs, if such briefs are directed by the Arbitrator(s).

The Arbitration will be conducted in English

The Arbitration will be conducted in [fill in language].The Arbitration hearings and documents will be translated into [fill in language] and the cost of the translations will be borne by the requesting party.

The Arbitrator(s) are limited to awarding an amount submitted prior to the commencement of the hearings in a contained in a sealed envelope by each of the Parties.

The Arbitrator(s) are limited to issuing an Award in the amount of [fill in the amount]

The Arbitrator(s) are limited to issuing an Award not less than [fill in the amount] but not more than [fill in the amount].

The Parties agree to keep confidential the proceedings, participants, documents and evidence and Award of the arbitration, except as necessary to conduct the arbitration or in connection with any court application related to the arbitration or as otherwise required by law.

The Parties agree to keep confidential any Award rendered by the Arbitrator(s).

Clause Generator

Fill in the missing information in brackets and modify the clause as desired. Use the buttons below to download or copy the clause to your clipboard. If you go back, your text edits will be lost.

Welcome to Clause Generator

Forum’s Clause Generator is an exciting, interactive new way to draft an arbitration clause for inclusion in a variety of agreement types. To use Clause Generator, visit this page from your tablet or computer and download your completed clause in minutes.