Can an arbitration clause be modified?

Yes, an arbitration clause can be modified in Oregon. Such a modification would be subject to the same standards of contract validity that apply to other contractual terms. In other words, the modification must be both mutually agreed upon and in writing. The Oregon Revised Statutes provide that an arbitration clause is subject to the same rules of contract construction and interpretation that apply to other contractual terms. This means that a modification of the clause must be in writing and mutually agreed upon. It further provides that the modification must be made with the same formality that applied to the formation of the original agreement. The Oregon Supreme Court has held that the parties to the contract have the right to modify an arbitration clause that was included in the definition of "Agreement" in the case of an oral agreement. The Court found that by agreeing to the terms of the agreement, the parties waived the right to a formality requirement. The Oregon Supreme Court has also held that parties to a contract may mutually agree to modify an arbitration clause. The Court found that the parties could do this if it was necessary in order to achieve fairness in resolving the dispute. In conclusion, an arbitration clause in Oregon can be modified, as long as the change is agreed upon and made in writing by the parties. The modification of the clause must also comply with the same standards of contract validity that apply to other contractual terms, and must be made with the same formality that applied to the formation of the original agreement.

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