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Drafting Arbitration Clauses: Applicable Law, Procedural Rules, Arbitrator Fees, Remote Arbitration

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 9, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will provide counsel with best practices in drafting arbitration clauses in commercial agreements. The panel will discuss how to clarify terminology while utilizing clear and precise language, what applicable law and procedural rules to include, how to incorporate remote arbitration, limit arbitrator's fees, and more.


Commercial contracts increasingly include provisions requiring parties to resolve all legal claims against the business through arbitration. In 2020, the pandemic created a need to move to a remote environment for arbitration, an option most parties had failed to consider.

Business counsel must ensure that their drafting of arbitration clauses is sufficient to withstand challenges to their enforceability and avoid being forced into litigation. Counsel have several strategic choices when structuring arbitration clauses and face many pitfalls if unwary. Carefully addressing such issues as the scope of the claims to be arbitrated, rules and parameters governing the arbitration process, and discovery is critical.

Listen as our authoritative panel experienced in drafting and litigating arbitration provisions in commercial agreements discusses the latest legal trends regarding businesses' inclusion of arbitration clauses in their contracts with consumers and how courts and government agencies respond to challenges to the enforceability of the provisions. The panel will explain practical strategies for drafting enforceable arbitration clauses, including remote arbitration provisions.



  1. Key issues addressed in arbitration clauses
  2. Drafting remote arbitration provisions
  3. Recent case law addressing drafting and enforceability of arbitration clauses


The panel will review these and other key issues:

  • What are the latest trends in how courts and regulators address arbitration clauses in commercial contracts between businesses and consumers?
  • What are the key issues in arbitration provisions?
  • How can remote arbitration provisions be drafted to address structural limitations?
  • What steps can business counsel take to help ensure the enforceability of arbitration clauses?


Richman, Lisa
Lisa M. Richman

McDermott Will & Emery

Ms. Richman is head of the Washington, DC office and focuses her practice on international dispute resolution...  |  Read More

Huttenlocher, Michael
Michael R. Huttenlocher

McDermott Will & Emery

Mr. Huttenlocher focuses his practice on all aspects of complex commercial litigation and international...  |  Read More

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