Long Form Arbitration Clause
The full version of the DecisionLayer Arbitration Clause for signed contracts. It covers everything in the short form and additionally spells out, in the contract itself, where judgment on an award may be entered, how the arbitrator is selected, the jury-trial and class-action waivers, virtual hearings on the DecisionLayer platform, and a fallback appointment procedure if DecisionLayer is unable to administer the dispute. Use this version when your counterparty expects to see these terms in the agreement rather than by reference to the Rules.
Long Form Clause
Any controversy or claim arising out of or relating to this agreement, including the interpretation, formation, breach, termination, validity, arbitrability or enforceability thereof, shall be settled by binding arbitration administered by Decision Science Research Corporation (“DecisionLayer”) in accordance with its rules then in effect at https://www.decisionlayer.ai/rules (the “Rules”). The substantive rights and obligations of the parties shall be governed by the internal laws of the State of New York. The Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), shall govern this arbitration provision, its interpretation and enforcement, all questions of arbitrability, and the arbitration proceedings. The FAA shall control over any conflicting provision of law. Judgment on any arbitration award may be entered in any State or Federal Court located in New York State or any other court of competent jurisdiction. Subject to the Rules, DecisionLayer arbitrations will be conducted by an arbitrator utilizing DecisionLayer artificial intelligence systems or, upon mutual agreement of the parties, by DecisionLayer’s artificial intelligence system itself. The parties agree that the arbitrator selection mechanisms set forth in the Rules constitute a substantial and valuable contract right, and the designated administration by DecisionLayer is an essential term of this agreement. THE PARTIES HERETO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY CONSENTS TO RECEIVE SERVICE OF PROCESS COMMENCING AN ARBITRATION VIA THE DECISIONLAYER WEBSITE (IF IT HAS AN ACCOUNT), BY EMAIL, BY REGISTERED OR CERTIFIED MAIL, OR IN ACCORDANCE WITH APPLICABLE LAWS. EACH PARTY HERETO WAIVES ANY OBJECTION TO SERVICE BY THESE MEANS. Any arbitration shall be conducted virtually via the DecisionLayer platform. Each litigant’s relationship with DecisionLayer is governed by the DecisionLayer Terms of Service available at https://www.decisionlayer.ai/terms. If DecisionLayer is disqualified, unavailable, or otherwise unable to administer or hear any dispute for any reason, the parties shall apply to a court of competent jurisdiction for appointment of an arbitrator pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. § 5, and the agreement to arbitrate shall remain fully enforceable. The invalidity of any portion of this arbitration provision shall not affect the validity of any other portion, and any invalid provision shall be modified to the least extent necessary to render it valid.