ProVisors’ Orange County Legal Affinity Group participated in an April 2 lunchtime presentation “New Issues Surrounding Arbitration Clauses: What Every Lawyer Should Know,” delivered by Jay Spillane. Many arbitration clauses currently in use have not been updated for years, Spillane explained. Any lawyers using such clauses in their own or clients’ contracts should take another look at “old-school” clauses similar to this: “Any disputes arising under or related to this agreement will be resolved by binding arbitration before the American Arbitration Association.” Instead, Spillane urged, lawyers should consider a host of other matters that have been litigated since that now outdated language first came into use. Those issues include the following:
• Scope of matters submitted to arbitration
• Arbitral society to adjudicate claims
• Forum and choice of law
• Single neutral or panel
• Discovery rights
• Timing and conduct of hearing
• Available remedies
• Basis for decision
• Appellate rights
For more information about best practices for arbitration clauses, see below: