Now available on demand
For transactional lawyers, the decision to include an arbitration clause is rarely automatic. It requires a careful evaluation of the client’s business, the nature of potential disputes, and the practical realities of resolving them.
In this recorded program, To Arbitrate or Not to Arbitrate, That Is the Question, experienced practitioners walk through the key considerations that should guide this decision. Framed around the “who, what, when, where, how, and why” of arbitration, the discussion offers a practical roadmap for corporate counsel and deal lawyers navigating dispute resolution strategy at the drafting stage.
The program features College of Commercial Arbitrators Fellows Loretta M. Gastwirth and Steven A. Certilman, both highly regarded neutrals with decades of experience across complex commercial disputes. Their perspectives draw on deep, real-world experience advising parties on when arbitration makes sense and how to structure it effectively.
The discussion explores questions such as:
- Who is the client, what is its business, and what level of risk is involved?
- What types of disputes are most likely to arise, and could third parties play a role?
- When should arbitration be initiated, and should mediation or emergency relief be built into the process?
- Where should proceedings be held, and what governing law should apply?
- How should the arbitration be structured, including arbitrator selection and administering institutions?
- Why choose arbitration at all, including considerations of confidentiality, subject-matter expertise, and time to resolution
Whether you are drafting agreements for the first time or refining a standard arbitration clause, this session provides clear, experience-based insights to support more informed decision-making.
This webinar is available free of charge, with registration required to access the on-demand recording.
