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

Permission to Pivot:...

Permission to Pivot: Ethics, Well-Being, and Redefining Your Legal Career examines the intersection ...

AI on Trial – How ...

This program provides practical guidance for trial attorneys on how artificial intelligence can be l...

The New Front Lines:...

Today’s threats to trademark distinctiveness are emerging from unexpected fronts: AI systems t...

E-Signatures and Ele...

Essential Updates! The faculty will discuss when and how secured and unsecured loan transactions may...

Fair Lending in 2025...

Are you as knowledgeable in the Fair Lending regulations? Do you know how they pertain to your role ...

Ethical Competence: ...

Chances are high that you or a buddy lawyer will have a serious medical crisis by age 55. Get ready ...

Mastering LLCs: Craf...

This session focuses on the critical elements of drafting comprehensive operating agreements for LLC...

Understanding Genera...

This program explains the dynamics of generational diversity in the legal workplace, examining how i...

The 2025 Proposed HI...

Unlike its counterpart on the privacy side, the HIPAA Security Rule has only rarely been updated, an...

Shareholder Disputes...

This presentation explores the common causes of shareholder disputes, such as disagreements over com...