Arbitration Clause Drafting Attorney in Chicago
A well-drafted arbitration clause is the foundation of effective dispute resolution. At Liberum Law, our arbitration attorneys in Chicago draft arbitration clauses and dispute resolution provisions that protect our clients’ interests and provide clear, enforceable mechanisms for resolving future disputes.
Key elements of an effective arbitration clause include specification of the arbitral institution and rules (AAA, JAMS, ICC, UNCITRAL), seat of arbitration and governing law, number and method of arbitrator selection, language of proceedings, scope of disputes covered, confidentiality provisions, interim and emergency relief provisions, cost allocation and fee shifting, and appellate review options.
Poorly drafted arbitration clauses — sometimes called ‘pathological clauses’ — can lead to expensive jurisdictional challenges, procedural delays, and unenforceable awards. Our attorneys ensure that your arbitration provisions are clear, comprehensive, and enforceable.
Contact our arbitration clause drafting attorneys at Liberum Law for a consultation.
Frequently Asked Questions
What should a good arbitration clause include?
Specify: scope of disputes covered, arbitration rules and provider (AAA, ICC, JAMS, etc.), seat/place of arbitration, number of arbitrators, language, governing law (procedural and substantive), interim relief, costs allocation, and confidentiality. Poor clauses lead to expensive pre-arbitration disputes over the clause itself.
Should I have arbitration or court for my contract disputes?
Arbitration: faster, more private, more enforceable internationally, but limited appeal. Court: broader discovery, full appeal rights, public, but slower and harder to enforce across borders. We help match the right forum to your business circumstances.
What is a "pathological" arbitration clause?
A defective clause — typos, contradictions, references to non-existent institutions, conflicting rules. Common results: parties spend months and substantial fees fighting over what the clause means before any merits hearing. Worth investing in proper clause drafting upfront.
Can I have mediation before arbitration?
Yes — "med-arb" clauses require mediation first (often 30–60 days), then arbitration if mediation fails. Increases settlement likelihood without losing the binding fallback. Common in business disputes where preserving relationships matters.
How do I draft an enforceable class-action waiver?
In employment and consumer contracts, class-action waivers in arbitration agreements have been upheld by U.S. Supreme Court (Epic Systems, AT&T v. Concepcion). Specific drafting matters — opt-out provisions, fair allocation of costs, etc. Cannot waive certain claims (NLRA, federal sexual harassment claims).
