When Can I Use Arbitration?

  A)  Contractual Dispute Resolution Clause

  B)  Early Case Assessment

  C)  Agreement at Time of Dispute

  D)  Court Compelled

a) Contractual Dispute Resolution Clause

Pre-dispute resolution clauses are an important component in dispute resolution planning for business-to-business agreements. Corporations overwhelmingly use arbitration because the parties have agreed to it in advance and have included it as a provision in a contract. (CPR Model Clauses and Sample Language)

b) Early Case Assessment

Informed and expedited decision-making at the early stages of a dispute. The process calls for a team working together in a specified time frame to gather the key facts of the dispute, identify the key business concerns, assess the various risks and costs the dispute poses for the company, and make an informed choice or recommendation on how to handle the dispute.
(CPR Early Case Assessment "ECA" Toolkit (2010)

c) Agreement at Time of Dispute

Once a dispute arises, the parties agree to submit their dispute to arbitration and create an existing dispute submission agreement. (CPR Procedures & Clauses Non-Administered Arbitration Rules)

d) Court Compelled

As an advocate for self-administered arbitration and mediation processes, CPR believes in equipping and empowering our constituents to address and resolve complex business disputes without the help of an administering body.

However, a court can be called upon to compel the parties to engage in arbitration that was part of a past formal agreement or compel an arbitration award. But a court may not force the parties to enter into arbitration without an agreement.

The information and resources on this website should not be construed as legal advice or opinion, or as a substitute for the advice of counsel.