Drafting an Arbitration Agreement in 2022: the Drafter’s Perspective

Myrna Barakat

January 14, 2022

In an article published on Dec. 10, 2021, the first in a series titled “Drafting an Arbitration Agreement in 2022: 2021 Considerations,” I highlighted matters to consider including in dispute resolution agreements to reflect recent events and current social priorities. In this second article of the series, I examine the issue from the perspective of practicing transactional attorneys. Indeed, it’s those lawyers who draft the arbitration provisions that the litigators ultimately have to defend or critique and that we, as arbitrators, must consider and often decide on.

With that in mind, I asked three corporate lawyers for their thoughts: Jan Joosten, a corporate partner at FisherBroyles, specializing in cross-border transactions; Cathy Rossouw, a partner in Chapman and Cutler’s bankruptcy and restructuring group; and Melissa Sawyer, head of Sullivan & Cromwell’s global M&A practice and co-head of its corporate governance and activism practice.