Litigation: Part 1—20 things to consider when negotiating arbitration provisions

Use this checklist to identify weaknesses in your arbitration agreements

Arbitration can be a valuable dispute-resolution tool where confidentiality is important, when you want to specify jurisdiction or venue, in consumer cases, and in consumer or employment-related class actions. It pays to be proactive by identifying those disputes that should be litigated in court and those disputes that should be arbitrated. Lack of clarity or a misunderstanding as to which disputes should be in arbitration and which ones should be fought in court could land a company in a trial or an arbitration that can have huge drawbacks, such as a class action that could have been avoided by a waiver clause or a lengthy arbitration that could have been dismissed through a dispositive motion. 

A. An annual check-up of arbitration provisions or practices

Contributing Author

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Alan Dabdoub

Alan Dabdoub represents corporate clients in business litigation, including business torts, class actions and employment disputes.  He has first chaired several trials and arbitrations in...

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Contributing Author

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Trey Cox

Trey Cox has been helping clients resolve complex business disputes for nearly 20 years, representing Fortune 500 corporations, entrepreneurs and leading firms in a wide...

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