Now that Spring Training is in full swing, let’s talk some baseball! Okay, not that kind of baseball, but another topic in our series on arbitration - “baseball arbitration.” Some parties are reluctant to submit disputes to arbitration because they worry about “split...
Contracts
Arbitration Pitfalls – Broad or Narrow Scope
Arbitration Series - Part 3 of 3: When drafting an arbitration provision, careful attention should be given to the language describing the scope of disputes to be arbitrated. Unless the parties intend to arbitrate all disputes that may touch on or collaterally...
Arbitration Pitfalls – Failing to Specify Duration
Arbitration Series - Part 2 of 3: Arbitration clauses are often contained in purchase and sales agreements, underwriting agreements, earn-in agreements, and other contracts covering specific transactions or limited to a specific performance period. See prior...
Arbitration Pitfalls – Failing to Specify Who Decides Arbitrability
Arbitration Series - Part 1 of 3: Agreements to arbitrate are often viewed favorably during contract negotiations as way to avoid litigation and minimize costs and expense should a dispute arise between the parties. Frequently, however, arbitration may be just...