December 10, 2021
The events of the past couple years have forced us all to take a step back and rethink a broad array of matters that were previously on “auto pilot.” Arbitration agreements are no exception. Obviously, the traditional features of a solid arbitration agreement remain unchanged for the most part. That being said, a number of new considerations are now de rigueur as practitioners embark on a drafting exercise that aims to not only secure clarity on the historically important matters but also take into account new realities and social priorities. Below I will briefly reiterate the key items that we’ve generally wanted to include in an arbitration agreement and then reflect on some of the newer matters to be considered.