Evaluate Arbitration Clause
Forward the contract or paste the arbitration clause. Get a fairness assessment covering opt-out windows, costs, venue, discovery limits, and class action waivers.
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Fwd: Nextera Solutions - Master Services Agreement v3.2
Our new IT vendor just sent over their MSA. Can you look at the arbitration section before I sign? I have 30 days to opt out apparently.
---------- Forwarded message ----------
On Tuesday, March 4, 2026, Kevin Pratt kevin.pratt@nexterasolutions.com wrote:
Hi Jordan,
Attached is our Master Services Agreement. For your reference, here is the dispute resolution section:
Section 12. Dispute Resolution.
12.1 Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. The arbitrator shall have no authority to award punitive damages.
12.2 Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.
12.3 Costs. Each party shall bear its own attorneys fees. The filing party shall pay all AAA administrative fees and arbitrator compensation. The prevailing party may recover reasonable costs.
12.4 Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@nexterasolutions.com within 30 calendar days of executing this Agreement.
12.5 Confidentiality. All arbitration proceedings, including outcomes and awards, shall remain strictly confidential.
Let me know if you have any questions.
Kevin Pratt
Account Manager
Nextera Solutions LLC
---------- Forwarded message ----------
On Tuesday, March 4, 2026, Kevin Pratt kevin.pratt@nexterasolutions.com wrote:
Hi Jordan,
Attached is our Master Services Agreement. For your reference, here is the dispute resolution section:
Section 12. Dispute Resolution.
12.1 Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. The arbitrator shall have no authority to award punitive damages.
12.2 Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.
12.3 Costs. Each party shall bear its own attorneys fees. The filing party shall pay all AAA administrative fees and arbitrator compensation. The prevailing party may recover reasonable costs.
12.4 Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@nexterasolutions.com within 30 calendar days of executing this Agreement.
12.5 Confidentiality. All arbitration proceedings, including outcomes and awards, shall remain strictly confidential.
Let me know if you have any questions.
Kevin Pratt
Account Manager
Nextera Solutions LLC
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