Whats Necessary to Start an Arbitration Proceeding?
To commence an arbitration proceeding, its only necessary that the parties agree to arbitrate a defined dispute. This is normally done in writing. An agreement to arbitrate may be arrived at before a dispute arises or afterwards. If done beforehand, the agreement is called a pre-dispute arbitration agreement (or a pre-dispute arbitration clause, if its inserted in, and made a part of, a business contract between the parties). An agreement to arbitrate a dispute that has already arisen between the parties is called a submission agreement. A submission agreement is necessary when there is no pre-existing written contract between the parties. A pre-dispute arbitration agreement (or clause) may take the following form: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration under the arbitration rules of [here insert the name of a sponsoring organization or a reference to appropriate ad hoc rules, such as: the Wisconsin M
