UPDATED: Fiat Lex!

The Center is releasing a working draft of a proposed General Submission to Arbitration form template for use by professional Arbitrators and their clients. The text is largely based on a General Submission to Arbitration authored by Ralph Fucetola and excerpted by J. Neil Schulman in his novel of agorist revolution, Alongside Night.

Based on feedback provided, we intend to release future revised working drafts of this document and will attempt to resolve any copyright issues, should they become known to us.

DOWNLOAD: General Submission to Arbitration (working draft template — 10JAN2010) [ODT format]

UPDATE 12JAN2010: Correspondent quasibill sent in his own suggested model GSA. My own take is that it displays an admirable level of detail and apparent expertise, but I also wonder if it might perhaps be to long and complex. Make up your own minds: gsa.quasibill.odt

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3 thoughts on “UPDATED: Fiat Lex!

  1. s/submittor/submitter/ throughout.

    I would make the introductory section more like the contract forms I'm familiar with, as in: General Submission // Between // (blank) // (blank) // (hereinafter the "Submitter") // and // (blank) // (blank) // (hereinafter the "Aribtrator") // and all others…

    The use or disuse of the definite article "the" attached to "Arbitrator" and "Submitter" should be standardized throughout.

    Section 2 starts mentioning a Procedural Rules document which seems to be incorporated via reference into the present agreement, without explicitly stating as much.

    The Arbitrator should be bound to timely notify current Submitters of the issuance of updates to the Procedural Rules.

    No reference is made as to the term of the agreement.

    No reference is made to terms for cancellation of or withdrawal from the agreement.

    No mention is made as to whether either party's obligations transfer to successors and/or assigns.

    "…enforce the –law– of the disputed contract…" — we don't really have law here, only language.

    The same language also fails to mention *how* it proposes to "enforce" anything.

    There should be a section detailing and delimiting the Arbitrator's rights to publish and promulgate both the existence of the agreement and the results of any proceedings thereunder (though this could be incorporated into the Rules, I guess).

    Hmmm…

    Like

  2. The ODT format you're using also supports "record changes", another option.

    I'd be thrilled to see some agorist-minded law experts flesh this out into something approaching a real agreement. Paging Chartier, Friedman and Kinsella…

    Like

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