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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.
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This program provides trial attorneys with a thorough grounding in the three principal currency repo...
New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...
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Class action waivers in arbitration agreements remain enforceable, but a decade of U.S. Supreme Cour...
As the largest purchaser of goods and services in the world, the United States Government requires f...
This program will discuss how to design and implement legally sound diversity, equity, and inclusion...
2026 was a very important year when it comes to federal procurement developments, Artificial Intelli...
Turn decades of client relationships into lasting equity. This practical CLE shows attorneys how to ...
This seminar concerns a scope, jurisdiction, and exceptions to the Federal Arbitration Act. The Act ...