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

Description

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.