Keys To Drafting Effective Arbitration Provisions

Law360, New York (December 4, 2009, 1:33 PM EST) -- The question of arbitrability is not a novel subject. To the contrary, countless courts, arbitrators and authors have explored this issue.

However, drafting enforceable and effective arbitration provisions for collective bargaining agreements (“CBAs”) has remained a challenge as evidenced by the recent flood of decisions that have addressed whether an issue can proceed to arbitration.

Perhaps the most important of these decisions was issued by the United States Supreme Court this past spring in 14 Penn Plaza LLC v. Pyett, 129 S. Ct. 1456 (April 1,...
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