BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month May 12, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Commercial Law
  • schedule 90 minutes

Drafting Arbitration Clauses: Applicable Law, Enforceability, Provider Rules, Mass Arbitration, Virtual Hearings, Fees

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$297.00
$252.45
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Discount expires 4/28/26

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About the Course

Introduction

This CLE webinar 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, and how to incorporate virtual and hybrid arbitration protocols, align clause terms with administrator requirements (e.g., AAA/JAMS), address mass arbitration filing risk, limit arbitrator's fees and other costs where appropriate, and more.

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 that was unfamiliar to many parties. Today, virtual and hybrid proceedings are common, and drafting considerations now include cybersecurity, confidentiality, and evidence management in remote settings, along with online assent and formation issues when clauses are presented through digital workflows.

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.

Presented By

Michael R. Huttenlocher
Partner
Massumi + Consoli LLP

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. Among other accolades, Mr. Huttenlocher has been repeatedly recognized by Benchmark Litigation in its 40 & Under hot list and as a Future Star.

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Lisa M. Richman
Partner
McDermott Will & Schulte

Ms. Richman 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. Ms. Richman's clients have included investors, governments, corporations, corporate officers and directors, and individuals in disputes seated in common law and civil law jurisdictions worldwide. Her work has included disputes conducted under ICC, ICSID, ICSID AF, AAA/ICDR, SIAC, HKIAC, JAMS, DIS, LCIA, CPR, Swiss Rules and UNCITRAL Rules as well as pure ad-hoc arbitrations. Ms. Richman has handled disputes in a wide variety of industries with a particular focus on disputes relating to energy, oil and gas, intellectual property, pharmaceutical, infrastructure, licensing, securities, telecommunications, joint ventures and construction.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, May 12, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Key issues addressed in arbitration clauses

II. Selecting applicable rules and addressing administration issues (AAA/JAMS and others)

III. Drafting for mass arbitration filing risk

IV. Drafting virtual and hybrid arbitration provisions

V. Recent case law and enforcement trends impacting enforceability

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, including with businesses and consumers?
  • What are the key issues in arbitration provisions?
  • How can virtual, hybrid, and remote arbitration provisions be drafted to address structural limitations and logistics?
  • What steps can business counsel take to help ensure the enforceability of arbitration clauses?
  • How should businesses anticipate and draft for mass arbitration filing risk?