Originally from Alternatives to the High Cost of Litigation

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I am not a transactional lawyer. As a longtime neutral, however, I have the opportunity to review arbitration clauses at the beginning of every case, occasionally interpret them and see the effects that those differing clauses have on the conduct of an arbitration.

Those clauses come in as many variations as you might imagine: some are one sentence long and are clearly not the product of much forethought; others occupy two pages.

The key is not their length; it is the serious thought that is required when drafting these clauses given the impact they may have on the final outcome.