Litigator's Perspective: 5 Tips On Arbitration Provisions

Law360, New York (July 25, 2014, 9:50 AM EDT) -- It happens all the time. An arbitration provision is included in a commercial agreement as boilerplate, simply because one or both parties has always included such provisions in their agreements. While the parties heavily negotiate other terms, little thought is given to the details of the arbitration provision. When a dispute arises, the parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the arbitration process when they were negotiating the provision, but missed the opportunity....

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