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No Arbitration Agreement Template for United States

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Key Requirements PROMPT example:

No Arbitration Agreement

"I need a No Arbitration Agreement for my California-based tech startup to use with new employees starting March 2025, specifically preserving their rights to pursue class action lawsuits and including a mediation step before court proceedings."

Document background

The No Arbitration Agreement has become increasingly relevant as organizations seek to provide transparency and court access in dispute reºìÐÓÖ±²¥. This document explicitly states that parties agree to resolve disputes through litigation or other non-arbitration methods, preserving access to the court system and potential class action rights. It's particularly important in the U.S. context where arbitration agreements have become common practice, and organizations may wish to differentiate themselves by explicitly declining arbitration. The agreement typically includes provisions for alternative dispute reºìÐÓÖ±²¥ methods, jurisdiction specifications, and clear statements about preserving court access.

Suggested Sections

1. Parties: Identification of all parties to the agreement

2. Background: Context and purpose of the no-arbitration agreement

3. Definitions: Key terms used in the agreement

4. Dispute ReºìÐÓÖ±²¥: Explicit statement declining arbitration and specifying alternative dispute reºìÐÓÖ±²¥ methods

5. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Specific Excluded Claims: List of specific types of claims explicitly excluded from arbitration, used when certain types of disputes need special handling

2. Alternative Dispute ReºìÐÓÖ±²¥ Procedures: Detailed procedures for mediation or other ADR methods, used when parties want to specify non-arbitration dispute reºìÐÓÖ±²¥ processes

3. Class Action Provisions: Statements regarding class action rights, used when collective actions are a concern

Suggested Schedules

1. Jurisdiction-Specific Requirements: Additional requirements or provisions specific to particular jurisdictions

2. Excluded Claims List: Detailed list of specific claims or disputes excluded from arbitration

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
















Industries

Federal Arbitration Act (FAA): Primary federal law governing arbitration agreements in the US - relevant for understanding what provisions we're explicitly choosing not to invoke and ensuring compliance with federal framework

Civil Rights Act: Federal employment law that may affect the enforceability of agreements to not arbitrate certain discrimination claims

State Law Preemption: Understanding of how the FAA preempts state laws, particularly relevant when drafting a no-arbitration agreement that must operate within this framework

State Contract Laws: General contract formation and enforceability requirements under applicable state law

State Arbitration Restrictions: State-specific limitations and requirements regarding arbitration agreements and their alternatives

Epic Systems Corp. v. Lewis (2018): Supreme Court decision upholding enforcement of arbitration agreements - relevant for understanding the legal landscape we're working within

AT&T Mobility LLC v. Concepcion (2011): Supreme Court case establishing FAA preemption over state laws that prohibit class action waivers in arbitration agreements

Industry Regulations: Sector-specific requirements that might affect the ability to exclude arbitration in certain contexts

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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