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.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.