The inclusion of alternative dispute resolution (ADR) provisions in commercial contracts and in retainer agreements has become commonplace. As a substitute to litigation, arbitration remains a favored method for dispute resolution outside of the courthouse.
In this presentation, we will unpack emerging issues related to the enforceability of arbitration provisions in commercial contracts and corresponding ethical requirements that arise from including such clauses in retainer agreements.
The panel will discuss themes including:
• The relationship between the sophistication of parties to a commercial contract and whether an arbitration provision may be deemed unenforceable absent an express waiver in writing.
• How litigation conduct may preclude invocation of an otherwise enforceable arbitration provision.
• The implications of ABA Model Rule 1.4 (Communications) and level of disclosure provided to clients with respect to the scope and meaning of ADR provisions in retainer agreements.
Incorrect military records prevent active duty and reserve Soldiers, Airmen, Guardians, Marines, Sai...
Conducting an internal investigation that is incisive, effective and legally compliant is tough enou...
This program provides trial attorneys with a thorough grounding in the three principal currency repo...
Most lawyers are aware of the high-profile cases in which attorneys were sanctioned or otherwise dis...
Turn decades of client relationships into lasting equity. This practical CLE shows attorneys how to ...
Business disputes involving closely held companies, partnerships, shareholders, and informal busines...
New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...
Class action litigation presents significant legal and business challenges for employers and corpora...
This program examines the legal standards and factors courts throughout the United States apply when...
This program examines the scope, jurisdiction, and exceptions to the Federal Arbitration Act (FAA), ...