Drafting an Arbitration Agreement in 2022: The Arbitrator’s Perspective

Myrna Barakat

January 28, 2022

In this series of articles titled “Drafting an Arbitration Agreement in 2022,” I have explore the current events and social trends that practitioners should consider when drafting dispute resolution agreements. I covered the issue initially from my perspective, and then from the perspective of the drafters and the litigators.

In this fourth and final article of the series, I have sought contributions from four independent arbitrators, the professionals who ultimately are called upon to decide on disputes relating to arbitration agreements: Elisabeth Eljuri, an arbitrator focusing on cross-border energy, infrastructure and M&A disputes, and a former arbitration and transactional partner; Mike Lampert, a commercial arbitrator and mediator, and a former deputy general counsel of a financial institution; Jack Levin, a commercial arbitrator and mediator, and a former litigation partner; and Rebekah Ratliff, a JAMS arbitrator, mediator and neutral analyst focusing on commercial complex insurance and employment matters, and a former insurance professional.