The Twin E’s of Arbitration Provisions in Commercial Agreements: Enforceability and Ethics

10 Aug , 2023

To register for the upcoming live webinar, please Click Here

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.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

How to Respond to Sh...

Adverse and derogatory information often has devastating effects on a contractor's ability to win co...

New York City’s Pi...

New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...

Exit on Your Terms: ...

Turn decades of client relationships into lasting equity. This practical CLE shows attorneys how to ...

The Perfectionism Pa...

Perfectionism is often rewarded in the legal profession. It drives attention to detail, thorough pre...

NDAs: Beware the Rou...

Confidentiality Agreements (also called NDAs) are too often treated as routine.  So routine, th...

Defense Strategies f...

Class action waivers in arbitration agreements remain enforceable, but a decade of U.S. Supreme Cour...

How to Implement Leg...

This program will discuss how to design and implement legally sound diversity, equity, and inclusion...

Using Your 'Why' To ...

This course is meant for lawyers of all levels and areas of practice, and in it, we will explore way...

The Human Bottleneck...

AI tools are advancing faster than legal organizations can absorb them. This program examines why th...

Federal Contractor R...

During this course, you will learn about best practices and strategies for retaining intellectual pr...