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Arbitration can provide an efficient and effective approach for resolving commercial disputes, and arbitration awards are widely enforceable through a mosaic of state and federal laws and international agreements. Fundamental to any arbitration proceeding is the consent of all parties, which is typically evidenced through an arbitration clause. Of course, once parties agree to “binding” arbitration, such as through the clause below, they are bound by the arbitration process and the award rendered. Caution is advised when considering arbitration. Should a dispute arise between the parties under or relating to this agreement each party agrees that prior to initiating any formal proceeding against the other (except when injunctive relief is appropriate), the parties will each designate a representative for purposes of resolving the dispute. If the parties’ representatives are unable to resolve the dispute within ten (10) business days, the dispute shall be settled by mediation and then, if necessary, by binding arbitration by and under the then-current commercial arbitration rules of the American Arbitration Association (“AAA”). The location of the proceeding shall be [______]. Judgment upon any award rendered by the arbitrator may be entered by any State or Federal court having jurisdiction thereof. In the event that future emergency measures are necessary to protect a client’s interests, one can include a clause that specifically addresses potential injunctive relief. A request for injunctive relief addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate. A judicial authority may rule on an application for emergency relief, or may nominate an arbitrator to take whatever interim measures he or she deems necessary, including injunctive relief and measures for the protection or conservation of property and disposition of perishable goods. Such interim measures may take the form of an interim award, and the arbitrator may require security for the costs of such measures. Additional resources can be found at the American Arbitration Association web site http://www.adr.org, the International Chamber of Commerce at http://www.iccwbo.org, and the Arbitration/Mediation Center of the World Intellectual Property Organization (WIPO) at http://arbiter.wipo.int. John F. Greco is an associate in the New York office of Brown Raysman Millstein Felder & Steiner LLP. This sample clause is intended to serve solely as an exemplar and may need to be modified to conform to the legal requirements of your jurisdiction. It in no way constitutes legal advice.

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