A well-constructed dispute resolution clause is the foundation of a cost-effective and efficient dispute resolution process. Yet courts regularly are faced with arbitration clauses that are problematic in some respect. 

Common Flaw #3: Vague Conditions Precedent

Lack of defined conditions prior to commencing arbitration (conditions precedent) can delay the proceeding or send parties to court to determine enforceability of the clause

By: Michael D. Lee, LL.M., Esq., Vice President, ICDR-AAA Case Management Center, Singapore
Smrithi Ramesh, Director, ICDR-AAA Case Management Center, Singapore

The United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”) opened for signatures on 7th August, 2019. Forty-six states including the world’s two largest economies--the United States and China--and three of the four largest economies in Asia--China, India, and South Korea--met in Singapore and inked a new international treaty on mediation that will enable the

By: A. Kelly Turner, Esq., Senior Counsel, AAA-ICDR

Any doubt as to whether an arbitrator should make a disclosure should be resolved in favor of disclosure. 

The arbitrator should not judge the significance of the potential conflict or contact but rather make the disclosure and let the parties determine its significance. As a guiding principle: if a relationship or interest crosses the arbitrator’s mind, the arbitrator should disclose it.

Arbitrators for a case administered by an arbitral organization are required to provide full, complete

A well-constructed dispute resolution clause is the foundation of a cost-effective and efficient dispute resolution process. Yet courts regularly are faced with arbitration clauses that are problematic in some respect.

Common Flaw #2: Buried, Unrealistic, or Ambiguous Filing Requirements

A filing requirement can buried in the fine print of a dispute resolution provision or may be arbitrarily short or ambiguous.