Drafting Arbitration Clauses: Applicable Law, Procedural Rules, Arbitrator Fees, Remote Arbitration
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Commercial Law
- event Date
Tuesday, November 9, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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.
Mr. Huttenlocher focuses his practice on all aspects of complex commercial litigation and international arbitration, including contract disputes, business torts, mergers and acquisitions, shareholder appraisal actions, federal securities laws, and white-collar criminal matters. He is experienced in all phases of litigation in state and federal courts around the country and domestic and international arbitration, including pre-filing investigation and case assessment, fact and expert discovery, legal research, motion practice, trial preparation, trial preparation, trial, and appeals.
Ms. Richman is head of the Washington, DC office and focuses her practice on international dispute resolution matters, with a particular emphasis on international commercial arbitration and public international law. She has experience representing clients in a broad range of matters, including in the areas of international commercial and investment arbitrations, securities enforcement, securities litigation, general commercial litigation disputes, and insurance coverage.
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.
- Key issues addressed in arbitration clauses
- Drafting remote arbitration provisions
- 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?
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