What is a commercial arbitration agreement?
Most arbitration clauses are written into a contract long before anything goes wrong. This template is for the other situation: a dispute already exists, the contract either says nothing about arbitration or points to the courts, and both businesses would rather have it decided privately by someone who knows the industry. Lawyers often call this a submission agreement.
The template describes the dispute broadly enough to include counterclaims, names the published arbitration rules that will apply, and sets whether there is one arbitrator or a panel of three, with a deadline to agree and a named body to appoint if the parties can't. It fixes the seat, the language and video hearings, and keeps the arbitration, its documents and the award confidential, with sensible exceptions. Costs either follow the outcome or are shared. The award is final and binding, appeals on points of law are given up where the seat allows, and either side can still ask a court for urgent interim relief.
- Best for
- Businesses with a live contract, supply or construction dispute
- Signed by
- Both businesses, through authorised signatories
- Tribunal
- A sole arbitrator or three, with a fallback appointer
- Length
- About 2 pages, initialled on every page
When to use a commercial arbitration agreement
- A supplier and a buyer arguing over unpaid invoices and allegedly defective goods
- A contractor and developer disputing the final account on a fit-out project
- Two software firms disagreeing over licence fees under an old reseller deal
- Business partners in different countries who want a neutral seat and language
- Parties who tried mediation, did not settle, and want a binding decision
What you fill in
15 blanks, then the name and email of each person who signs: first party, second party.
1 The parties
- Agreement date*
- First party (company name)*
- First party address*
- Second party (company name)*
- Second party address*
2 The dispute
- The dispute*
3 The arbitration
- Arbitration rules*
- Number of arbitrators* a sole arbitrator · three arbitrators
- Days to agree on the arbitrator*
- Who appoints if the parties can't agree*
- Arbitrator background (optional)
- Seat of the arbitration (city and country)*
- Language*
4 Costs and law
- Who pays the costs* as decided by the tribunal, which will generally follow the outcome · shared equally, with each party paying its own legal costs
- Law that governs the dispute*
5 Who signs
- First party signature and date, job title, initials on every page · One business in the dispute.
- Second party signature and date, job title, initials on every page · The other business in the dispute.
What the commercial arbitration agreement covers
- The dispute
- Rules
- The tribunal
- Seat, language and hearings
- Procedure
- Confidentiality
- Costs
- The award, the courts and settlement
- Law and general
Using the commercial arbitration agreement, step by step
1 Name both businesses
Enter each company's legal name and address. Your company is pre-filled from your account.
2 Describe the dispute
Write a short, neutral description that covers both sides' claims, so neither can later argue a claim falls outside the arbitration.
3 Choose rules and the tribunal
Name the arbitration rules, choose one or three arbitrators, set the days to agree, who appoints if you can't, and any background the arbitrator should have.
4 Set the seat, costs and law
Pick the seat city and country, the language, how costs are borne, and the law that decides the dispute, then send it to the other side.
Tips before you send it
- Choose the seat with care. Its law governs the arbitration itself and decides how far the award can be challenged.
- Check whether the named institution's rules need its own filing form and fee. Many do, and they usually set their own timetable.
- Not every dispute can go to arbitration everywhere. Some consumer, employment and insolvency matters are reserved to the courts. Take advice if in doubt.
- Watch court time limits. Agreeing to arbitrate doesn't by itself stop the clock on every kind of claim in every country.
Sign it online in minutes
- Fill in the blanks. Names, dates and amounts go straight into the agreement — the preview shows exactly where.
- Name who signs. Tick “This is me” for your own part. FileIt builds the PDF with every signature, date and initials box on the right line, and you can check or move anything before sending.
- Send it. Each signer gets a secure link and signs from any device — no account needed. The signed PDF, with an audit trail and a Certificate of Completion, is filed in your vault and emailed to everyone.
Commercial arbitration agreement: frequently asked questions
How is this different from an arbitration clause?
An arbitration clause sits inside a contract and covers future disputes. This is a stand-alone agreement made after a specific dispute has arisen, setting out how that dispute will be arbitrated.
Is the award binding?
Yes. The template makes the award final and binding, gives up appeals on points of law where the law of the seat allows that, and keeps the right to challenge for serious irregularity or lack of jurisdiction.
Who pays for the arbitration?
You choose: either the tribunal decides, generally following the outcome, or the costs are shared equally with each side paying its own lawyers. Deposits are split equally until the award.
Can we still settle?
Yes, at any time, including through mediation. The tribunal can record a settlement as an agreed award.
Can an arbitration agreement be signed electronically?
Many modern arbitration laws treat an agreement recorded electronically as being in writing, and e-signatures are generally valid for commercial contracts in the US, UK, EU and Canada. FileIt adds an audit trail and Certificate of Completion. Check the rules of your seat if enforcement abroad matters.