All of the foregoing attributes of arbitration, however, can only be achieved if the arbitration clause is properly drafted to provide for them.

1. The clause can provide that the arbitration is confidential;
2. It can require that the arbitrator follow the law of a given jurisdiction;
3. It can require a reasoned decision;
4. There can be an appeal process in the clause with one to three or more former appellate justices;
5. The qualifications of the arbitrator can be set forth in terms of a former judge, or a certain level of legal and/or industry experience;
6. The clause can provide the arbitrator with authority to decide case terminating motions such as motions to dismiss or summary judgment;
7. The clause can provide for discovery co-extensive with the Federal Rules of Civil Procedure or a designated state or streamline discovery by limiting it or eliminating it;
8. The clause can provide that the rules of evidence will apply to the proceeding.

Read original article


Tags: