An agreement to arbitrate can empower the parties and afford them a good deal of control over the dispute resolution process. A well-constructed arbitration clause can provide certainty by outlining the process prior to a dispute.
Once a dispute arises, it is far more unlikely the parties will reach an agreement as to how an arbitrationshould proceed. All too often, however, an agreement to arbitrate is one of the last clauses in a contract on which the drafter focuses. While the focus is typically—and appropriately—on the business terms of the agreement, careful consideration should still be given to an arbitration clause to ensure the client’s goals in submitting to arbitration are met. Below are areas to consider when drafting an arbitration clause.
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