Alternative Dispute Resolution

Arbitration Pros and Cons and How to Draft Effective Arbitration Clauses

Synopsis

The presenters of this course provide a thorough overview of not only the pros and cons of arbitration, but best practices to make sure that your arbitration clauses will provide the coverage that you need to insure a successful outcome.



Outline

I. Arbitration: Pros, Cons, and Effective Clause
    A. Course Overview
    B. A Historical Perspective
    C. The Current World of Arbitration
    D. Arbitration vs. Litigation
        1. Real-World Drivers
        2. Theoretical Drivers of Arbitration
        3. More Theoretical Drivers
        4. Similarities and Differences Between the Two
     E. Contract Clauses and Best Practices
        1. Objectives in Drafting Arbitration Clauses
        2. Requirements for Arbitration Agreements
        3. Ingredients for a Successful Clause
     F. Using an Institution in Arbitration
    G. Challenging Awards and Confidentiality in Arbitration
    H. Clauses - What Not to Do
     I. International Considerations
     J. Recommended Provisions
AfterWords®



Content Provided
By



With influence and presence on both U.S. coasts and abroad, Pillsbury Winthrop Shaw Pittman LLP enjoys an expansive international platform. The firm has 14 offices in global centers for capital markets, energy and technology and provides its clients with the strength of this reach and a commitment to cross-border service and responsiveness. Pillsbury is a leader in its core areas of focus: capital markets and finance, energy, global sourcing, litigation, real estate, technology, life sciences, and communications.





Speakers / Authors:

Photo of Thomas G. Allen

Thomas Allen

Thomas Allen is a partner in Pillsbury Winthrop Shaw Pittman LLP's Litigation practice and is located in the Washington D.C. office. Mr. Allen's practice focuses on a wide variety of complex litigation/arbitration, compliance, and enforcement matters with a particular focus in the areas of environmental law, nuclear energy, aviation, and securities. Mr. Allen has represented clients before U.S. government agencies, state and federal trial courts, international tribunals, state and federal courts of appeals and commercial arbitration panels.

Mr. Allen also has an active pro bono practice that is focused on civil rights and civil liberties issues. For the past nine years, Mr. Allen has additionally served as a co-chairman of the associates’ campaign for the Legal Aid Society of the District of Columbia. In 2011, he was recognized by the Washington Lawyers Committee for Civil Rights, where he also serves as a trustee, for outstanding achievement in the field of equal employment opportunity litigation. He additionally serves on the Board of Directors of St. John’s Episcopal Preschool in Washington D.C.

Mr. Allen received the Outstanding Achievement Award for Civil Rights Litigation, Washington Lawyers' Committee for Civil Rights and Urban Affairs in 2011.

Mr. Allen received his J.D., magna cum laude, from The Catholic University of America, Columbus School of Law in 2002, and his B.A. from The Catholic University of America in 1997.

Photo of Benjamin Dean

Benjamin Dean

Benjamin Dean is a partner in Pillsbury Winthrop Shaw Pittman LLP's Global Sourcing practice and is located in the Washington, D.C. office. He helps clients negotiate and structure a broad range of complex sourcing and technology transactions. Mr. Dean also advises clients who are experiencing performance issues concerning their sourcing and technology projects and suppliers.

Mr. Dean’s practice includes negotiating and preparing software licensing, development, and implementation agreements; data center, information technology (IT), and business process outsourcing relationships, including payroll, accounts payable, human resources, help desk and back office outsourcings; offshore outsourcing arrangements; IT consulting agreements; software, hardware, and outsourcing requests for proposals; hardware and software procurement transactions; enterprise resource planning implementation and licensing agreements (e.g., SAP and Oracle); and Internet technology matters, including web site hosting, content, and Terms of Use agreements.

Mr. Dean also counsels businesses that are experiencing performance issues concerning their sourcing and technology projects and suppliers. Such work includes implementing new or revised service levels that can focus the attention of suppliers on specific practices important to the client, or helping clients negotiate a structured settlement to unsuccessful projects, if necessary.

Mr. Dean has advised both public and private sector clients, in industries as diverse as healthcare and life sciences, financial services, local government, energy, education, media, entertainment, communications, and real estate.

Mr. Dean speaks on a variety of outsourcing and technology topics, including cloud services, software as a service (SaaS) and various e-signature programs. Mr. Dean also has litigation experience, and prior to joining the firm in 1998, he served as Law Clerk to the Honorable Donald E. Walter, U.S. District Court for the Western District of Louisiana.

Mr. Dean received his J.D. in 1997 from the University of Virginia School of Law, and his A.B. in 1994, magna cum laude, Phi Beta Kappa, from Dartmouth College.

Buy

Price (USD)

Standard Rate: $99.00
Subscribers: FREE
Pillsbury U Online: FREE

Details

Course Code : 775328

Release Date: 04/13/2015


Length: 56min
Recorded Date: 9/17/2014


Format Type: eLearning
Mobile Compatible


Accreditation Info

Returning Subscribers

Login
- OR -
Login