Words Matter: Crafting Arbitration Agreements That Stick — A View from the Trenches

Arbitration clauses are intended to provide an agreed-upon forum to settle disputes between parties. But too many times the dispute resolution clause is vague, inadequate, incomplete, or agrees to things the parties never intended. When that happens, an unwary company can find itself fighting about the clause itself instead of the actual dispute. Join Foley’s Roland Potts, Leslie Smith, and Michael Lockerby in a detailed discussion of arbitration agreements and how to ensure they remain enforceable, mean what they say, and say what they mean. During this one-hour webinar, we will discuss topics such as:

• What did you really agree to, and what should you be clear about?
• Why does selecting the seat of arbitration matter? Determining the jurisdiction, where you seek injunctions, where you compel arbitration, and procedural law that applies in the absence of specific procedures in the arbitral forum selected.
• What do the rules you picked say about interim measures?
• Can you get security in arbitration? What is it, and why does it matter?
• You didn’t sign? Who cares? Getting wrapped into an agreement you never agreed to: How a third party can either compel arbitration or be compelled to arbitrate.
• Playing the enforcement game? What’s more enforceable in the world, a U.S. judgement or an arbitral award? Is the arbitral award still the “Willy Wonka golden ticket?”

CLE

Foley & Lardner LLP will apply for CLE credit after the program, wherever applicable. Foley & Lardner LLP is a State Bar of California MCLE approved provider. Credit may not be obtained by viewing and/or listening to a program recording after the event. Certificates of attendance will be distributed to eligible participants approximately eight weeks after the program via email. Important Information for New York Attorneys: This program is appropriate for experienced attorneys only.