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Focus (Forum & Focus)

Jun. 30, 2009

Clause and Effect

Attorneys should draft arbitration clauses as carefully as they draft any other contract provision, writes Bernice Conn.

FOCUS COLUMN

By Bernice Conn

Arbitration clauses can profoundly alter the rights of contracting parties. Yet they are often little more than an afterthought - boilerplate contract provisions governing disputes that no one believes will ever arise. Many attorneys simply adopt and incorporate the standard arbitration clause recommended by the dispute resolution provider of their choice. Such clauses usually state that arbitrations will be conducted ...

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