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U.S. Commercial Model Clause

Model pre-dispute language for U.S. business contracts, including seat, tribunal size, governing law, and optional New York AI protocol language.

Version 2026.1-draft 2 min read

Publication status

Legal review required

U.S. commercial filing is open by the owner's operational authorization. Documented legal review of the rules, reference fee schedule and New York/Delaware seat overlays remains pending. Opening intake is not legal approval. Prices are shown for reference; no arbitration fee payment is required. Filing does not establish the respondent's agreement or replace the Center's agreement and registration review.

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This model is intended only for contracts between businesses. It is not designed for consumer, employment, transportation-worker, mass, class, collective, sexual-assault, or sexual-harassment disputes.

Any dispute, claim, or controversy arising out of or relating to this agreement, including its formation, existence, validity, interpretation, performance, breach, or termination, shall be finally resolved by arbitration administered by the Anrak Arbitration Center under the Anrak U.S. Commercial Arbitration Rules in effect when the demand for arbitration is filed. The juridical seat of arbitration shall be [New York, New York / Wilmington, Delaware]. The tribunal shall consist of [one / three] arbitrator[s]. The language of the arbitration shall be English. Judgment on the award may be entered in any court having jurisdiction.

Governing law

The substantive governing law of the contract should be stated separately:

This agreement and the parties’ substantive rights are governed by the law of the State of [state], without regard to conflict-of-laws rules.

The governing law of the contract is distinct from the juridical seat of arbitration. Parties should obtain legal advice before selecting either.

Optional confidentiality language

The parties shall maintain the confidentiality of nonpublic submissions, evidence, hearings, and awards, except to the extent disclosure is required by law, necessary to protect or pursue a legal right, or required for recognition, enforcement, correction, or challenge of an award.

Confidentiality obligations bind the parties only to the extent permitted by applicable law and do not prevent required disclosures to regulators, courts, insurers, funders, auditors, or professional advisers.

Optional New York AI-enabled protocol

For a New York-seated case, parties that intend to use the separate AI-enabled process should execute the complete protocol addendum rather than rely on shorthand clause language:

The parties may adopt the Anrak New York AI-Enabled Arbitration Protocol only by a separate written agreement executed by every party after review of the protocol, its timetable, disclosure obligations, human-decision requirement, and internal appeal procedure.

Drafting checklist

  • Confirm both parties are acting in a business capacity.
  • Select a juridical seat and confirm the supervising courts.
  • Choose one or three arbitrators.
  • State the contract’s substantive governing law.
  • Address the language and any confidentiality obligations.
  • Review whether an industry-specific statute or public-policy limitation affects arbitrability or remedies.
  • Do not use this clause for protected individual claims without separate U.S. rules and legal review.