What does an arbitration clause specify?

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An arbitration clause is a provision in a contract that outlines how disputes related to that contract will be resolved through arbitration rather than litigation in court. Specifically, it defines the types of disputes that will be subject to arbitration, giving parties clarity about what issues can be resolved outside of the traditional court system. By explicitly stating which disputes are to be handled via arbitration, the clause helps ensure that both parties agree to this method of resolution, thus avoiding misunderstandings or disagreements later on.

Identifying the nature of disputes that fall under the arbitration process is vital, as it allows parties to understand the scope of the arbitration agreement and prepares them for alternative dispute resolution. Other elements such as legal fees, location, or eligibility for arbitration services, while significant, do not define the primary function of what an arbitration clause does. Thus, the emphasis on the specification of disputes reaffirms the importance of clarity and agreement between parties regarding how conflicts will be managed.

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