Todd E. Soloway and Bryan T. Mohler explain that although arbitration clauses are widely favored and commonly used, courts will narrowly construe their scope. Explicit drafting can avoid unintended ...

Arbitration is an inherently flexible mechanism that allows parties, by agreement, to create a bespoke process that suits their preferences and circumstances. However, drafting errors often lead to ...

Nearly six years after the 2019 amendments to the Arbitration and Conciliation Act, 1996 (1996 Act), the Union government is ...

Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Arbitration is a process whereby the parties to a dispute agree that it will be privately decided outside of the normal court process. Instead of the formal and heavily structured litigation ...

Employers want quick arbitration but must ensure legal enforceability. The Flores case shows that vague or unfair arbitration clauses can be invalid. To be enforceable, agreements should include clear ...

“Choosing between mediation, arbitration, or litigation will depend on what a specific party is seeking…. Your best option will solely depend on the complexity of the issues, what you seek as a ...