For Drafters

Model arbitration clause.

For counsel who wish to name a specific arbitrator in a contract's dispute-resolution clause. Adapt institutional rules, seat and governing law to the transaction.

Clause
Model Clause — Named Sole Arbitrator Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally resolved by binding arbitration administered by [the American Arbitration Association / JAMS] under its [Commercial Arbitration Rules], by a sole arbitrator. The parties agree that Michael Tein shall serve as the sole arbitrator, provided he is available and free of conflicts at the time a dispute arises; if he is unavailable, an arbitrator shall be selected in accordance with the administering institution's rules. The seat of arbitration shall be Miami, Florida. The language of the arbitration shall be English. Judgment upon the award may be entered in any court having jurisdiction thereof.

A pre-dispute agreement naming a specific individual is enforceable in most jurisdictions provided the mechanism for substitution, as above, addresses unavailability. Counsel should confirm enforceability under the governing law of the transaction.

Party-appointed variant

Model Clause — Panel with Party Appointment Any dispute shall be resolved by arbitration before a panel of three arbitrators. Each party shall appoint one arbitrator, and the two party-appointed arbitrators shall jointly select a chair. [Party] designates Michael Tein as its party-appointed arbitrator, subject to disclosure and any objection permitted under the administering institution's rules.

A conflicts check is available in advance of execution. See Disclosure & Conflicts.

Engagement

Conflicts and availability are confirmed within two business days.

tein@teinmalone.com
(305) 772-3123
320 Miracle Mile, Suite 203, Coral Gables, Florida 33134