Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration

2009

Selected Works

SelectedWorks

Arbitration clause

Articles 1 - 1 of 1

Full-Text Articles in Law

Goodbye Boiler-Plate: Practical Advice For Drafters Of Domestic And International Arbitration Agreements, Pamela Fulmer, Noel Rodriguez, M. Anderson Berry Nov 2009

Goodbye Boiler-Plate: Practical Advice For Drafters Of Domestic And International Arbitration Agreements, Pamela Fulmer, Noel Rodriguez, M. Anderson Berry

M. Anderson Berry

Parties agree to arbitrate disputes because, among other things, arbitration can be quicker and more flexible than judicial proceedings. This leads to advantages that all parties desire: decreased costs and better predictability of outcome. However, problems arise in domestic and international arbitrations that may defeat these advantages. As this article explains, well thought‐out and effective arbitration provisions can significantly reduce the incidence of these problems. While primarily relying on specific examples from the U.S. domestic sphere, this article also applies to the international sphere unless otherwise indicated.

The core assertion of this article is this: instead of cutting and pasting …