Arbitration Agreements in Business Contracts: Strategic Considerations to Bear in Mind


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

This program will focus on the strategic issues attorneys should consider when deciding whether to include an arbitration clause in a business contract and, if one is included, what alternatives should be considered. The program will include drafting suggestions and various strategic considerations to bear in mind when constructing an arbitration provision.

Key topics to be discussed:

•   Considerations attorneys should bear in mind when advising clients about whether to include an arbitration clause in a contract
•   Scope and construction of various arbitration clauses and choice of law issues
•   Considerations in whether and how to select an arbitration sponsor and procedural rules
•   Effect of drafting decisions on later litigation

Date / Time: August 15, 2019

•   10:00 am – 12:00 pm Eastern
•   9:00 am – 11:00 pm Central
•   8:00 am – 2:00 pm Mountain
•   7:00 am – 9:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: August 15, 2019

Stuart M. Riback, Esq. is a business litigator who has handled a wide range of high-stakes and novel disputes in the course of his 35-year career, with an emphasis on reaching practical solutions to complex business conflicts. Recent victories include a judgment after trial for almost $100 million in a credit default swap case, and summary judgment in a dispute over ownership of a Fifth Avenue office building. Stuart’s practice has taken him to the United States Supreme Court, where he argued a case that helped to define the scope of trade dress protection under the Lanham Act, as well as federal and state appellate and trial courts and arbitration tribunals all over the country.

Stuart is a 1984 graduate of Columbia Law School, where he was a Developing Editor of the Columbia Law Review. Before entering private practice, Stuart served as a law clerk to Judge Peter K. Leisure of the United States District Court for the Southern District of New York. Stuart is incoming Chair of the Business and Corporate Litigation Committee of the ABA Business Law Section.

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Section I. Should this contract include an arbitration clause, and if so, what kind?

Section II. Court treatment of different kinds of clauses

Section III. Preferred procedures, selecting arbitrators, whether to use a sponsor and if so, which one

Section IV. Choice of law, confidentiality and type of award

Section V. Issues concerning remedies