Best Practices in Drafting Arbitration Clauses

Описание: This program will discuss the provisions that should be addressed in the arbitration clause or an agreement to arbitrate. The focus will be to avoid the possibility of challenges before the arbitrator or in court and ensuring the efficiency of the process through careful drafting.

Topics will include, among others, challenges to the clause/agreement; arbitral authority; confidentiality; choice of law & venue; location of the arbitration; an administered versus non-administered process; the ADR provider’s rules; selection of the arbitrator or panel; the emergency arbitrator; pre-arbitration negotiation and/or mediation; expert determination; the fast-track process; and default provisions.

Attendees will also learn the importance of creating a clause specific to the business transaction that will save time, reduce costs, and avoid uncertainty in the alternative dispute resolution (ADR) process.

Arbitration agreements must conform to the interests and needs of the parties. This program will address the various terms that may be considered in drafting a clause or an independent agreement where there was no arbitration clause in the original contract.