Tips For A Well-Drafted Arbitration Clause

Law360, New York (July 27, 2009, 12:17 PM EDT) -- Be careful how you draft your arbitration clause. You may get more, or less, than you bargained for.

Many people believe that an arbitration clause automatically guarantees them all the touted benefits of arbitration — reduced costs, streamlined proceedings, confidentiality and certainty of forum. But the mere existence of an arbitration clause is not enough, for a poorly drafted or incomplete one can actually do more harm than good.

For example, what happens when one party claims a particular dispute is beyond the scope of the...
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