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Non Arbitration Agreement

Non Arbitration Agreement Template for Canada

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Key Requirements PROMPT example:

Non Arbitration Agreement

"I need a Non Arbitration Agreement for our Canadian technology company to use with new employees starting January 2025, ensuring disputes are handled through Ontario courts rather than arbitration, with specific provisions for intellectual property disputes."

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Document background
This Non-Arbitration Agreement is designed for use in situations where parties wish to explicitly opt out of arbitration and preserve their right to resolve disputes through the Canadian court system. The document becomes relevant when entities or individuals want to ensure their disputes will be handled through traditional litigation rather than alternative dispute resolution methods. It includes comprehensive provisions addressing jurisdiction, venue selection, and dispute resolution procedures, while ensuring compliance with both federal and provincial Canadian laws. The agreement is particularly useful in employment contracts, business partnerships, and consumer agreements where clarity regarding dispute resolution methods is essential. It can be adapted for various business relationships while maintaining compliance with Canadian legal requirements regarding access to justice and dispute resolution.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Agreement to Litigate: Express agreement that disputes will be resolved through litigation rather than arbitration

5. Scope of Agreement: Specifies which disputes and matters are covered by the non-arbitration provision

6. Jurisdiction and Venue: Specifies the courts that will have jurisdiction over disputes

7. Governing Law: Specifies the applicable law that will govern the agreement and any disputes

8. Notice Requirements: Procedures for providing notice of disputes or claims

9. Costs and Legal Fees: Addresses responsibility for legal costs and fees in litigation

10. Severability: Provides that if any provision is found invalid, the rest remains enforceable

11. Entire Agreement: Confirms this document represents the complete agreement regarding dispute resolution

12. Amendment and Modification: Specifies how the agreement can be modified

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Class Action Waiver: Optional provision waiving right to participate in class actions, if permitted by law

2. Small Claims Exception: Exception allowing parties to pursue claims in small claims court

3. Employment-Specific Provisions: Additional provisions required when agreement is part of employment relationship

4. Confidentiality: Provisions regarding confidentiality of dispute proceedings

5. Alternative Dispute Resolution: Procedures for mandatory mediation or negotiation before litigation

6. Regulatory Exception: Exception for matters that must be submitted to regulatory authorities

7. International Provisions: Additional provisions for cross-border disputes

8. Survival: Specifies which provisions survive termination of any related agreements

Suggested Schedules

1. Schedule A - Related Agreements: List of other agreements between the parties affected by this non-arbitration agreement

2. Schedule B - Excluded Disputes: Detailed list of any disputes or matters excluded from the non-arbitration requirement

3. Schedule C - Notice Requirements: Detailed procedures and contact information for providing notice of disputes

4. Appendix 1 - Jurisdiction-Specific Requirements: Additional requirements or modifications based on specific jurisdictions

5. Appendix 2 - Forms: Standard forms for initiating disputes or providing notice

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Financial Services

Technology

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Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Operations

Procurement

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Administrative

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Relevant Roles

Legal Counsel

Human Resources Director

Compliance Officer

Risk Manager

Contract Manager

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Chief Legal Officer

Employment Lawyer

Corporate Secretary

Operations Manager

Procurement Manager

Chief Executive Officer

Chief Operating Officer

Human Resources Manager

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Industries








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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