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Cannabis Dispute Resolution Institute - Arbitration Clause

 

This Arbitration Clause is Copyright by CDRI.  However, we encourage you to copy it, put it in your contracts and agreements, and use it as much as possible.

 

We strongly suggest that you do not modify this Arbitration Clause.  If you wish to do so, please consult with an attorney, preferably one with some experience dealing with the unusual situation of Federal and State laws relating to cannabis.

 

Model arbitration clause for contracts calling for Cannabis Dispute Resolution Institute arbitration

 

Any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, legality, issues of public policy or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by arbitration in Denver, Colorado, USA. The arbitration shall be exclusively administered by the Cannabis Dispute Resolution Institute (CDRI) pursuant to its Arbitration Rules in effect at the time any party submits a claim to the CDRI. The CDRI Arbitration Rules applicable to the claim(s) are expressly incorporated herein by reference and form a part of the arbitration agreement between the parties.

 

The parties submit and consent to the exclusive jurisdiction of the state courts in the City and County of Denver, State of Colorado, USA to compel arbitration, to confirm an arbitration award or order, or to handle other court functions exclusively in accordance with the Colorado Revised Uniform Arbitration Act. The parties may seek recognition and enforcement of any Colorado state court judgment confirming an arbitration award or order in any U.S. state court or in any court outside the United States and its territories. The parties expressly waive any right of removal to the United States federal courts, and the parties expressly waive any right to compel arbitration, to confirm any arbitral award, or seek any aid or assistance of any kind in the United States federal courts.

 

The laws of the state of Colorado, including the Colorado Revised Uniform Arbitration Act, shall apply exclusively as the laws governing this arbitration agreement between the parties, with the sole exception of the Colorado Choice of Law provisions, which shall not apply. The parties may, however, choose a different substantive contract law or other laws to govern the main contract containing this arbitration agreement. In the event the parties have included a separate provision in their contract providing for a state, country or international law to apply, unless otherwise expressly agreed upon, such provision shall be interpreted to import rights and obligations of the parties outside the arbitration agreement.  Notwithstanding any agreement by the parties to apply a different law to the main contract containing this arbitration agreement, any principles of public policy applied by the arbitrators shall consist exclusively of Colorado state public policy, including, specifically, Colorado Revised Statutes Section 13-22-601(2015).

 

An arbitrator exceeds his or her powers by voiding or refusing to enforce any contracts or arbitration agreements between the parties based solely on the cannabis-related nature of the contract. If one or more provisions of this agreement, including the arbitration clause, is for any reason held to be unenforceable or invalid, then such provisions will be deemed severable from the remaining provisions of this agreement and will in no way affect the validity or enforceability of such other provisions or the rights of the parties hereunder. In addition, if any provision of this agreement (or portion thereof, including the arbitration agreement) is determined by a court to be unenforceable as drafted by virtue of the duration, scope, extent, character or legality of any obligation contained herein, the parties acknowledge that it is their intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under applicable law. In the event the right to arbitrate any dispute, claim or controversy arising out of or relating to this agreement is rendered invalid or unenforceable, the dispute, claim or controversy arising out of or relating to this agreement shall be subject to the exclusive jurisdiction of the state courts in the City and County of Denver, State of Colorado, USA, unless otherwise agreed upon by the parties.

 

 

Waiver statement

Note. If the parties wish to exclude recourse against the arbitral award that may be available under the applicable law, they may consider adding a provision to that effect as suggested below, considering, however, that the effectiveness and conditions of such an exclusion depend on the applicable law.

Waiver

The parties hereby waive their right to any form of recourse against an award to any court or other competent authority, insofar as such waiver can validly be made under the applicable law.

 

 

 

CANNABIS - MARIJUANA DISCLOSURE – The Cannabis Dispute Resolution Institute’s (CDRI) services are strictly limited to dispute resolution within the confines of relevant state and foreign laws and regulations relating to legal medical marijuana and cannabis products, the legal adult use of marijuana, and other legal cannabis and hemp products. CDRI is based in Denver, Colorado, USA. Cannabis (which includes “marijuana,” and “marihuana”) are controlled by the United States of America pursuant to the Controlled Substances Act and nothing contained herein nor any of CDRI’s services are intended to assist in any way with violation of any applicable law. Do not assume that any information, documents, or samples sent to the CDRI will remain confidential. CDRI does not offer legal advice and strongly recommends that you consult competent legal counsel on any matters of law.

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