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Can I require customers to sign contracts with binding arbitration clauses in Alaska? What are the requirements?

Here is the response to your query:

Requirements for binding arbitration clauses in Alaska [2.1][4.1][1.3]

In Alaska, you can require customers to sign contracts with binding arbitration clauses. However, the requirements for such agreements are governed by Alaska Statutes Title 9, Chapter 43.

To initiate an arbitration proceeding, a person must give notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought [2.1].

A written agreement to submit an existing controversy to arbitration or a provision in a written contract to submit to arbitration a subsequent controversy between the parties is valid, enforceable, and irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract. However, AS 09.43.010 — 09.43.180 do not apply to a labor-management contract unless they are incorporated into the contract by reference or their application is provided for by statute [4.1].

A party or a person acting on behalf of a party may not communicate unilaterally with the arbitrator concerning the dispute, except with the other party’s authorization and for the limited purpose of scheduling a time, place or date for a proceeding. The arbitrator may not discuss the appeal with any witness or third party and may not comment on the arbitration to the press or public. Correspondence, documents, and electronic mail filed with or delivered to the arbitrator by a party shall be served upon the other party in the manner prescribed for service of pleadings in the Alaska Rules of Civil Procedure [1.3].

Therefore, to require customers to sign contracts with binding arbitration clauses in Alaska, the agreement must be contained in a record, and the parties must agree to submit to arbitration any existing or subsequent controversy arising between them. The notice must describe the nature of the controversy and the remedy sought. A party or a person acting on behalf of a party may not communicate unilaterally with the arbitrator concerning the dispute, except with the other party’s authorization and for the limited purpose of scheduling a time, place or date for a proceeding.

Note that this response is not legal advice and should not be relied upon as such. For specific legal advice, please consult a licensed attorney in Alaska.

Source(s):
Jurisdiction

Alaska