Contract Terms Clarification

Summary

Mandatory means required by law or contract rules, while binding indicates legal enforceability. If these terms are absent in an arbitration provision, it may allow challenges to its enforceability. Strategies include disputing enforceability, opting for court resolution, or negotiating better terms. Consult a local attorney for advice based on your jurisdiction.

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So if these terms are not included in a arbitration provision how can one use that in their favor?
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If the terms "mandatory" and "binding" are not included in an arbitration provision, it may create opportunities to challenge the enforceability of the arbitration clause. Here are some general strategies:
- Dispute Enforceability: Argue that the arbitration clause is not enforceable since it's not mandatory.
- Opt for Court: Seek to resolve the dispute through court instead of arbitration.
- Negotiate: Use the lack of "binding" language to negotiate more favorable terms.
Where are you located? This will help to provide more specific information based on local laws.