The value of a well-written, customized arbitration clause cannot be overestimated, especially in light of the courts’ continued enforcement of arbitration agreements and the Federal Arbitration Act’s narrow grounds on which a court may vacate an arbitrator’s award.
The agreement to arbitrate or mediate can empower the parties with a great deal of control over the process and the arbitrator who hears the case, or the mediator who assists the parties in settlement efforts. Drafting a well-constructed dispute resolution clause can provide certainty by defining the process prior to a dispute, after which agreement becomes more problematic.
This presentation addresses the components and strategies for drafting arbitration agreements that are consistent with the contracting parties’ dispute resolution goals, and includes a discussion of terms that a party can include in an arbitration clause to reduce costs and streamline the process, such as--
- venue clause;
- choice of law provision;
- format of the award;
- confidentiality provisions;
- assessment of attorneys’ fees and costs;
- whether the parties will engage in discovery and, if so, to what extent;
- number of arbitrators.
WHO WOULD BENEFIT FROM THIS PRESENTATION – Attorneys, parties and businesspeople interested in learning more about effective arbitration clause drafting and the elements that can provide the parties with greater control of the arbitration process.
What others are saying about this presentation...
Clear, straight-forward advice with practical examples provided by the speaker. Very useful information.
A very basic but informative webinar. It should be required for any new lawyer drafting arbitration clauses ( and older lawyers like me).
Another Great AAA program to allow Neutrals to continue to hone their skills.
Having heard numerous arbitrations over the last 30 years, I found Mr. Schwartz's presentation regarding Drafting Dispute Resolution Clauses to the point and so very relevant.
^ A link to this recorded webinar's supplemental material appears above at left. You may download the materials once you have registered for the recording.
This program does not qualify for the AAA's annual Arbitrator Continuing Education (ACE) requirement.
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