Sample language
Written to work with Common Paper standard agreements.
Add mandatory arbitration (New Era)
Cloud Service Agreement version: 2.0
Delete the second sentence of Section 12.3 and replace it with the following:
The parties will resolve any dispute about this Agreement, and agree to finally settle all such disputes, by binding arbitration through the platform provided by New Era ADR (the “New Era Platform“) according to its rules and procedures for “Virtual Expedited Arbitrations” by a professional Neutral(s) with substantial experience in resolving commercial disputes (the “Neutral“). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The arbitral decision may be enforced in any court of competent jurisdiction. To the extent a claim cannot legally be arbitrated (as determined by an arbitrator in accordance with the paragraph below), the parties will bring the suit, action, or proceeding that cannot be arbitrated in the Chosen Courts and each party irrevocably submits to the exclusive jurisdiction of the Chosen Courts.
Any question or matter of arbitrability of a dispute shall be determined by the Neutral(s) assigned to, or chosen for, such dispute from the New Era ADR, Inc. panel of Neutrals. For clarity, this means any determination of (1) the enforceability of all or any provision of this Agreement or the Framework Terms including, but not limited to, any claim that all or any such provision is void or voidable, and (2) whether a dispute regarding the provisions of this Agreement or the Framework Terms shall be governed by arbitration, in each case, shall be determined solely by the Neutral(s) provided by New Era ADR Inc. and not in a court of law or other judicial forum. The parties agree and acknowledge that they are waiving their right to seek a determination of arbitrability in a court of law or other judicial forum.
A party shall initiate an arbitration through New Era ADR at https://app.neweraadr.com. The contact information for Provider shall be as set forth in the Notice Address and for Customer shall be as set forth in the Notice Address. For more information on initiating disputes, please go to New Era ADR’s Virtual Arbitration Help Center. For support when initiating a dispute, please contact support@neweraadr.com.
Cloud Service Agreement version: 1.0, 1.1
Delete the second sentence of Section 14.3 and replace it with the following:
The parties will resolve any dispute about this Agreement, and agree to finally settle all such disputes, by binding arbitration through the platform provided by New Era ADR (the “New Era Platform“) according to its rules and procedures for “Virtual Expedited Arbitrations” by a professional Neutral(s) with substantial experience in resolving commercial disputes (the “Neutral“). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The arbitral decision may be enforced in any court of competent jurisdiction. To the extent a claim cannot legally be arbitrated (as determined by an arbitrator in accordance with the paragraph below), the parties will bring the suit, action, or proceeding that cannot be arbitrated in the Chosen Courts and each party irrevocably submits to the exclusive jurisdiction of the Chosen Courts.
Any question or matter of arbitrability of a dispute shall be determined by the Neutral(s) assigned to, or chosen for, such dispute from the New Era ADR, Inc. panel of Neutrals. For clarity, this means any determination of (1) the enforceability of all or any provision of this Agreement or the Framework Terms including, but not limited to, any claim that all or any such provision is void or voidable, and (2) whether a dispute regarding the provisions of this Agreement or the Framework Terms shall be governed by arbitration, in each case, shall be determined solely by the Neutral(s) provided by New Era ADR Inc. and not in a court of law or other judicial forum. The parties agree and acknowledge that they are waiving their right to seek a determination of arbitrability in a court of law or other judicial forum.
A party shall initiate an arbitration through New Era ADR at https://app.neweraadr.com. The contact information for Provider shall be as set forth in the Notice Address and for Customer shall be as set forth in the Notice Address. For more information on initiating disputes, please go to New Era ADR’s Virtual Arbitration Help Center. For support when initiating a dispute, please contact support@neweraadr.com.