“What Business Lawyers Need to Know About Arbitration” was the topic of a December 16, 2014, lunch seminar Jay Spillane delivered to the San Fernando Valley LLP ProVisors affinity group. In the presentation, Jay suggested business lawyers take another look at the “old-school” arbitration clause lawyers have included in contracts for years: “Any disputes arising under or related to this agreement will be resolved by binding arbitration before the American Arbitration Association.” Instead, Jay urged, business lawyers should consider a host of other matters that have been litigated since that now outdated language first came into use.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 business arbitration clauses,  see below:   read more