This arbitration clause for a retirement plan subject to the Employee Retirement Income Security Act (ERISA) establishes a mandatory arbitration process to resolve plan-related claims (after exhausting the internal claims review procedure, if applicable). This template contains practical guidance, drafting notes, and alternate clauses. This template contains detailed provisions regarding the applicable rules of arbitration for a plan participant, beneficiary, or other interested party who is seeking to resolve a dispute under the plan. Among other terms, these clauses address the applicable arbitration rules, the number and selection of arbitrators, the assertion of all claims on a participant-by-participant basis (i.e., no group, class, or representative arbitration), the location and administration of an arbitration, arbitration award requirements, how fees and expenses are allocated, confidentially, and arbitrator independence. Courts have widely accepted that Congress did not ...