Course Description
Led by Lisa Romeo, Vice President of the American Arbitration Association, and Kent Sinclair, Founder of Sinclair Law LLC, this practical course furnishes attorneys with the tools to draft arbitration clauses that fully leverage the advantages of arbitration—efficiency, confidentiality, and finality. The program provides a framework for developing clauses that are both enforceable and strategically tailored to meet clients’ dispute resolution goals. Through a focus on key drafting principles, common pitfalls, and real-world examples, participants will gain practical guidance for crafting arbitration agreements that stand up in court and perform as intended in practice.
Designed for in-house counsel, litigators, and transactional lawyers, the program offers actionable strategies for customizing arbitration provisions for a broad range of commercial contexts. Participants will learn how to avoid common drafting missteps, apply core principles with precision, and maximize the likelihood of withstanding judicial scrutiny.
Syllabus
- Understand and identify the core elements of effective arbitration clause
- Recognize and avoid common mistakes that undermine enforceability
- Tailor arbitration clauses to reflect business realities and risk preferences
- Draft with clarity to support to create enforceable clauses that hold up in court