Arbitration Faces Challenges On Two Fronts

These days arbitration seems to be everywhere. Binding pre-dispute arbitration provisions feature in all kinds of contracts; the Supreme Court regularly issues pro-arbitration decisions; and there has never been more discussion about how to employ arbitration fairly and effectively. But these realities underpin and point up twin challenges facing arbitration. First, arbitration has yet to …

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Take Control of Your Arbitration Costs

When parties lament the costs of arbitration, I wonder if as an arbitrator I need to undertake a review of what can be done to make things more efficient.As we begin 2012, I reflect back on a topic we all (practitioners and arbitrators) read and heard a lot about in 2011, namely managing, or indeed …

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Drafting the Perfect Arbitration Agreement

What does the perfect arbitration agreement look like? If you are seeking one agreement that will be ideal across-the-board, there is no such thing. Of course, there are provisions that probably should be in your agreement, but not as many as you might think. For example, what about a loser-pays attorneys’ fees provision? It depends. …

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