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.
AI tools are advancing faster than legal organizations can absorb them. This program examines why th...
This program provides a practical roadmap to mastering every stage of the discovery process in civil...
This course is meant for lawyers of all levels and areas of practice, and in it, we will explore way...
Adverse and derogatory information often has devastating effects on a contractor's ability to win co...
If there is one word we continue to hear more than any other term as we continue to navigate through...
New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...
"Artificial Intelligence and the Practice of Law" (updated through 2026), is a 50-slide primer desig...
Class action waivers in arbitration agreements remain enforceable, but a decade of U.S. Supreme Cour...
Turn decades of client relationships into lasting equity. This practical CLE shows attorneys how to ...
Class action litigation continues to expand in both number of filings and monetary exposure, with se...