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

To require customers to sign contracts with binding arbitration clauses in Vermont, the following requirements must be met:

Validity of Arbitration Agreements ^[3.1]

• A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties creates a duty to arbitrate, and is valid, enforceable, and irrevocable, except upon such grounds as exist for the revocation of a contract.
• No agreement to arbitrate is enforceable unless accompanied by or containing a written acknowledgment of arbitration signed by each of the parties or their representatives.

Negotiated Binding Interest Arbitration ^[1.1]

• Arbitration shall only occur if the recognized organization and one or more of the school boards agree in writing to submit to binding arbitration for one or more issues remaining in dispute.
• An agreement to accept binding interest arbitration may not be revoked and shall apply only to the parties to the arbitration.

Procedures of Arbitration Panel ^[2.3]

• The claim shall be submitted to the arbitration panel in an informal manner and under such procedural rules as may be laid down by the Supreme Court, provided that strict adherence to the technical rules of procedure and evidence applicable in the case of jury trials shall not be required.
• All testimony shall be under oath, and the right to subpoena witnesses and evidence shall obtain as in all proceedings conducted in the Superior Court.
• The right of cross-examination shall obtain as to all witnesses and parties, and such cross-examination shall be conducted in an orderly, dignified manner, subject to the control of the judicial referee.

Therefore, to require customers to sign contracts with binding arbitration clauses in Vermont, the agreement must be in writing, accompanied by a written acknowledgment of arbitration signed by each party, and the parties must agree to submit to binding arbitration for one or more issues remaining in dispute. The arbitration panel must follow procedural rules laid down by the Supreme Court, and all testimony must be under oath with the right to subpoena witnesses and evidence.

Source(s):

• [1.1] Negotiated binding interest arbitration
• [3.1] Validity of arbitration agreements
• [2.3] Procedures of arbitration panel

Jurisdiction

Vermont

• General