As anyone who practices in the field of arbitration knows, the mere existence of an arbitration clause does not answer all the questions of what will happen in the arbitration. Indeed, often it will n…
Who Decides: The Court or the Arbitrator?
In Brief
- Parties who agree to arbitrate by inserting boilerplate provisions may end up with a protracted and expensive dispute over threshold issues, particularly where such provisions do not match their particular circumstances.
- Recent cases illustrate how the specific facts and circumstances of each dispute prevent uniform resolution to certain threshold issues of arbitrability.
- Arbitration clauses should therefore be carefully crafted by experienced counsel, using language tailored to the specific forum selected and any anticipated issues.
This is premium content for:
ABA Business Law Section Members.
Please log in or join the Business Law Section to read this full article.
Searchable Keywords:
