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

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.