Articles and Speeches
Arbitration 201: Drafting the Arbitration Clause for The Arbitration You Want, InsideCounsel
March 24, 2016
Erika C. Birg
In an article published on March 24, 2016, Atlanta partner Erika C. Birg provides insight on how to draft an arbitration clause based on the arbitration desired. With both parties close to completing their negotiations on every aspect in the deal, one final step remains: dispute resolution. “It is admittedly difficult when putting together an agreement to look ahead to how it may fall apart in the future, but that is an important component to protecting your rights and interests,” says Ms. Birg. The first step is deciding whether arbitration is the proper way to solve the issue. Often arbitration can take a long time, but when comparing it with the time to resolution for most court cases, arbitration often has a clear advantage. If arbitration seems like the best option, the next step involves identifying which claims will be handled in court and which will be handled in arbitration. This is particularly important if the contract being drafted involves the possibility of a class action. In her article, Ms. Birg explains the importance of choosing the right arbitrator to resolve the dispute, the amount of arbitrators that are necessary and where the arbitration hearing should take place. For the full article, subscribers may click here.
Reprinted with permission from the March 24, 2016 edition of Inside Counsel© 2016 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or email@example.com.