45 Minutes
The value of a well-written, customized arbitration clause cannot be overestimated, especially in light of the courts’ continued enforcement of arbitration agreements and the Federal Arbitration Act’s narrow grounds on which a court may vacate an arbitrator’s award. The agreement to arbitrate or mediate can empower the parties with a great deal of control over the process and the arbitrator who hears the case, or the mediator who assists the parties in settlement efforts. Drafting a well-constructed dispute resolution clause can provide certainty by defining the process prior to a dispute, after which agreement becomes more problematic. This presentation addresses the components and strategies for drafting arbitration agreements that are consistent with the contracting parties’ dispute resolution goals, and includes a discussion of terms that a party can include in an arbitration clause to reduce costs and streamline the process, such as venue clause; choice of law provision; format of the award; confidentiality provisions; assessment of attorneys’ fees and costs; whether the parties will engage in discovery and, if so, to what extent; number of arbitrators.
Faculty:
Dani Schwartz, Rosenberg & Estis, P.C. New York, NY
The AAA does not offer CLE in any jurisdiction for our on-demand programs, but you may be able to use a copy of the certificate available at the conclusion of the course to submit for CLE credit on your own (we recommend that you confirm availability of CLE in your jurisdiction for this type of course).