Submission Agreement Arbitration: Everything You Need to Know

If you are a freelance writer or a content creator, you may have come across submission agreements in your career. A submission agreement is a contract that outlines the terms and conditions of submitting your work to a publisher or a client. The agreement typically covers issues such as payment, ownership of intellectual property, and editorial control.

One of the most crucial clauses in a submission agreement is the arbitration clause. This clause outlines the process for settling disputes between the parties involved. In this article, we will discuss everything you need to know about submission agreement arbitration.

What is Arbitration?

Arbitration is a process of solving disputes outside of the court system. Instead of going to court, the parties involved agree to put their case before an independent third party, the arbitrator. The arbitrator reviews the evidence presented by both sides and makes a decision that is binding on the parties.

Arbitration is popular in many industries, including publishing, where it is used to resolve disputes between writers and publishers over issues such as royalties, ownership, and editorial control.

Why Do Submission Agreements Include Arbitration Clauses?

Submission agreements include arbitration clauses for several reasons. One reason is that arbitration is generally quicker and less expensive than going to court. It is also more private, as the process is confidential, and the parties can agree on the arbitrator`s qualifications and experience.

Another reason is that arbitration gives the parties more control over the outcome of the dispute. In court, the judge makes the final decision, but in arbitration, the parties can agree on the arbitrator`s qualifications and experience. They can also agree on the rules of the arbitration process, which can be less formal than court proceedings.

What Does an Arbitration Clause in a Submission Agreement Cover?

An arbitration clause in a submission agreement typically covers the following:

1. The process for selecting an arbitrator.

2. The rules and procedures for the arbitration process.

3. The location of the arbitration.

4. The language to be used in the arbitration.

5. The costs of the arbitration.

6. The confidentiality of the arbitration.

7. The scope of the arbitrator`s authority.

8. The enforcement of the arbitration award.

How Does the Arbitration Process Work?

The arbitration process begins with the submission of a written demand for arbitration. This demand outlines the dispute and the relief sought by the party making the demand. The other party then has a period of time to respond to the demand, and the parties then select an arbitrator.

The arbitrator reviews the evidence presented by both sides and makes a decision that is binding on the parties. The decision is known as an arbitration award and is enforceable by law.

Conclusion

In conclusion, submission agreement arbitration is a crucial clause in any submission agreement. It outlines the process for settling disputes between parties and gives the parties more control over the outcome of the dispute. As a freelance writer or content creator, it is essential to understand the arbitration clause and its implications before signing any submission agreement.