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Meditate On The Clause

Law360 (February 13, 2018, 6:24 PM EST) -- I have often suggested at arbitration conferences that the United Nations Commission on International Trade Law or another appropriate multilateral entity should outlaw the writing of any further articles on how to draft an arbitration clause. Depending upon how one frames the search, Google tells us that there are somewhere between 316,000 and 525,000 documents already on point. That would seem to be sufficient.

Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses give rise to confusion over the...
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