A Primer on Arbitrability

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Drafters of arbitration clauses must understand the concept of arbitrability if the parties’ objectives are to be achieved. Arbitrability is the portmanteau for several distinct concepts:

..Is the clause/agreement enforceable?

..What is the scope of the clause, i.e., what disputes are subject to the parties’ agreement to arbitrate?

..Who, in addition to the signatories, will be required or entitled to participate in the arbitration?

Originally published on Law.com on June 12, 2014.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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