© by Newland & Associates

Prepared June, 2002

The following language is a sample of an arbitration provision intended to be used in an otherwise enforceable contract. The provision is intended to comply with Virginia law. It may not be effective or produce the desired results in other states or in certain situations. This sample provision is intended merely as an illustration of a contractual arbitration and is not intended to be used as a form of agreement. In no event should this language be used or relied upon without the advice of a knowledgeable attorney.

Sample Contractual Arbitration Provision

In the event of any dispute between the parties which arises under this Agreement, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Virginia Uniform Arbitration Act, incorporated by reference. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules. The hearing shall be conducted in the City of Manassas, Virginia, unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all Parties.

The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement. Any questions involving contract interpretation shall use the laws of Virginia. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.

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