SUBMISSION AGREEMENT

A POST-DISPUTE AGREEMENT TO RESOLVE A DISPUTE BY SUBMITTING IT TO ARBITRATION UNDER THE RULES OF ARBITRATION SERVICE OF PORTLAND, INC. (ASP)

Definitions:
Dispute shall mean the controversy described in the Statement of Claim on page 2 (which summarizes the claim and position of each Party).
Party shall mean each person, partnership, corporation, or other entity who has executed (or whose attorney has executed) this Submission Agreement.
ASP Rules shall mean the arbitration rules of Arbitration Service of Portland, Inc. that are in effect when this Submission Agreement is filed with ASP and that set forth the arbitration procedures to be followed and the rights and obligations of each Party in connection with the arbitration.
  1. Submission Agreement. Each Party hereby agrees to and does submit the Dispute to arbitration under the ASP Rules, which are incorporated as a part of this Submission Agreement as if fully set forth herein.

  2. Compliance with ASP Rules. Each Party agrees to abide by the ASP Rules and agrees that a judgment may be entered upon the award as provided in the ASP Rules and as permitted by law.

  3. Number of Arbitrators. The Parties specify that their Dispute is to be resolved by:

    a sole arbitrator.         a panel of three arbitrators.

    (Cross out one of the above choices.)
  4. Prior Arbitration Clause Superseded. If the Parties have heretofore agreed to resolve any controversy between them by arbitration, the Parties agree that with respect to this Dispute (and this Dispute only) this Submission Agreement and any arbitration proceeding pursuant hereto is intended to comply with and shall supersede and replace any arbitration provision or procedure required in any such prior agreement.

  5. Miscellaneous. (If the Parties have agreed upon the arbitrator(s), so state in this paragraph and identify the arbitrator(s) agreed upon. If a hearing site other than metropolitan Portland is desired, or (in a construction dispute) if an engineer or architect is desired as an arbitrator, so state in this paragraph.)
STATEMENT OF CLAIM:








Note: Set forth in concise language a summary of the claim of each Party, the dollar amount or other reliefsought, whether interest is claimed, and the denial or defense of the adverse party. State whether attorney's fees are claimed and, if so, give the ORS or other statutory reference. Use additional pages if necessary.

If pleadings have already been filed in court that adequately describe the Dispute, simply attach the pleadings and indicate that the Dispute is set forth in the attached pleadings.

The scope of the award of the arbitrator(s) is limited to the controversy submitted by the parties. Therefore, the Statement of Claim should clearly delineate what the controversy encompasses (and, if necessary, what matters the parties intend to exclude).








SIGNATURE PAGE
This Submission Agreement is dated for reference
this _______ day of ____________________, 20____.

Name of Party:    _________________________________________________

Signature of Party or Attorney:    _________________________________________________

Print Signer's Name:    _________________________________________________

Representative Capacity:    _________________________________________________
(Attorney, President, Partner, etc.)

Name of Party's Attorney and Law firm (if any):    _________________________________________________
_________________________________________________

Address and Telephone Number of Attorney (or Party, if not represented by attorney):    _________________________________________________
_________________________________________________
_________________________________________________

Name of Party:    _________________________________________________

Signature of Party or Attorney:    _________________________________________________

Print Signer's Name:    _________________________________________________

Representative Capacity:    _________________________________________________
(Attorney, President, Partner, etc.)

Name of Party's Attorney and Law firm (if any):    _________________________________________________
_________________________________________________

Address and Telephone Number of Attorney (or Party, if not represented by attorney):    _________________________________________________
_________________________________________________
_________________________________________________

 

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