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Arbitration In-Depth: Strategies for Drafting and Enforcing Clauses

2025-04-23 14:00:00

2025-04-23 14:00:00

2 Credits

Master arbitration fundamentals: draft enforceable clauses, avoid common pitfalls, and design effective dispute resolution processes for successful outcomes.

2025-04-23 14:00:00

Master arbitration fundamentals: draft enforceable clauses, avoid common pitfalls, and design effective dispute resolution processes for successful outcomes.

2025-04-23 14:00:00

1000+

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24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the fundamentals of domestic arbitration, including drafting effective arbitration clauses and strategies for ensuring enforceability of awards.

What will you gain

Attorneys will gain practical guidance on designing the arbitration process, selecting arbitrators, and customizing provisions to achieve successful dispute resolution outcomes.

Arbitration Fundamentals
Understanding arbitration versus litigation and other ADR mechanisms like mediation and DRBs.
Drafting Clauses
Essential elements including scope, rules, seat, governing law, and arbitrator selection methods.
Common Pitfalls
Avoiding ambiguous language, inadequate scope definition, and failing to address critical issues.
Enforceability Strategies
Ensuring clarity, mutuality, and addressing conflicts of law for domestic and international awards.
Arbitrator Selection
Evaluating independence, impartiality, expertise, availability, and appropriate appointment methods.
Process Steps
Case initiation through award enforcement, including discovery limitations and hearing procedures.

What will you learn

Attorneys will learn the fundamentals of domestic arbitration, including drafting effective arbitration clauses and strategies for ensuring enforceability of awards.

What will you gain

Attorneys will gain practical guidance on designing the arbitration process, selecting arbitrators, and customizing provisions to achieve successful dispute resolution outcomes.

Agenda

Session 1

Understanding Arbitration Clauses and Core Fundamentals

Session 2

Common Pitfalls and Enforcement Challenges in Drafting

Break

Mid-Program Break for Refreshment and Reflection

Session 3

Customizing Clauses and Drafting Best Practices

Session 4

Navigating the Complete Arbitration Process Steps

clock 1:00 pm - 1:30 pm EST

Understanding Arbitration Clauses and Core Fundamentals

Lisa M. Richman

McDermott Will & Emery

This foundational session explores the definition and importance of arbitration, distinguishing it from litigation and other ADR mechanisms such as mediation, conciliation, and dispute resolution boards. Participants will examine ad hoc versus institutional arbitration, weigh the pros and cons, and learn the essential elements of effective arbitration clauses alongside the critical role of the Federal Arbitration Act.

Lisa M. Richman

McDermott Will & Emery

clock 1:30 pm - 2:00 pm EST

Common Pitfalls and Enforcement Challenges in Drafting

Lisa M. Richman

McDermott Will & Emery

This session identifies frequent drafting mistakes including ambiguous language, inadequate scope definition, and failure to address critical issues that can undermine arbitration clauses. Attendees will learn strategies to ensure enforceability through clarity, mutuality, and conflict-of-law considerations while addressing key issues such as arbitrator selection, confidentiality versus privacy, and binding versus non-binding arbitration.

Lisa M. Richman

McDermott Will & Emery

clock 2:00 pm - 2:10 pm EST

Mid-Program Break for Refreshment and Reflection

Lisa M. Richman

McDermott Will & Emery

A brief intermission allows participants to rest, refresh, and absorb the material covered in the first two sessions. This break provides an opportunity to prepare questions for the remaining practical drafting and process sessions.

Lisa M. Richman

McDermott Will & Emery

clock 2:10 pm - 2:40 pm EST

Customizing Clauses and Drafting Best Practices

Lisa M. Richman

McDermott Will & Emery

This session focuses on tailoring arbitration provisions to specific business needs and industry contexts while addressing unique dispute scenarios. Participants will explore best practices for unambiguous drafting, the importance of consistency across contract terms, and practical comparisons of major arbitral institutions including AAA, JAMS, ICC, and others.

Lisa M. Richman

McDermott Will & Emery

clock 2:40 pm - 3:10 pm EST

Navigating the Complete Arbitration Process Steps

Lisa M. Richman

McDermott Will & Emery

This comprehensive session walks through each stage of the arbitration process from case initiation through enforcement of awards. Attendees will learn the procedural requirements for arbitrator selection, preliminary hearings, discovery limitations, written submissions, hearings, and the critical considerations for both domestic and international award enforcement.

Lisa M. Richman

McDermott Will & Emery

01 05
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Lisa M. Richman

McDermott Will & Emery

Lisa M. Richman

McDermott Will & Emery

Lisa M. Richman focuses her practice on international dispute resolution matters, with a particular emphasis on international commercial arbitration and public international law. She has experience representing clients in international commercial and investment arbitrations, securities enforcement, securities litigation, general commercial litigation disputes and insurance coverage.

Education & Credentials

While in law school, Lisa was a notes and comments editor for The Tax Lawyer. Following law school, Lisa was a law clerk for the Honorable A. Franklin Burgess, Jr. of the District of Columbia Superior Court.

Recognition & Leadership

She has received recognition for her expertise as a dispute resolution specialist by Global Arbitration Review, Who's Who Legal, Benchmark Litigation, the Commercial Arbitration Expert Guide, the National Law Journal, the American Lawyer, Juve, Super Lawyers and Law360.

Professional Involvement

Lisa is listed on the arbitrator list of the Vienna International Arbitral Centre (VIAC), in the LCIA's database of neutrals and is a member of the SIAC Users Counsel, the ITA Americas Committee and the DIS Rules Revision Committee. She is a native German speaker, and also speaks Spanish and French.

Experience

Lisa's clients have included investors, governments, corporations, corporate officers and directors, and individuals in disputes seated in common law and civil law jurisdictions worldwide. Her work has included disputes conducted under ICC, ICSID, ICSID AF, AAA/ICDR, SIAC, HKIAC, JAMS, DIS, LCIA, CPR, Swiss Rules and UNCITRAL Rules as well as pure ad-hoc arbitrations. She has handled disputes in a wide variety of industries with a particular focus on disputes relating to energy, oil and gas, intellectual property, pharmaceutical, infrastructure, licensing, securities, telecommunications, joint ventures and construction. She has also managed internal investigations worldwide and has helped companies resolve government investigations, including World Bank Sanctions proceedings.

Lisa M. Richman

McDermott Will & Emery

Lisa M. Richman focuses her practice on international dispute resolution matters, with a particular emphasis on international commercial arbitration and public international law. She has experience representing clients in international commercial and investment arbitrations, securities enforcement, securities litigation, general commercial litigation disputes and insurance coverage.

Education & Credentials

While in law school, Lisa was a notes and comments editor for The Tax Lawyer. Following law school, Lisa was a law clerk for the Honorable A. Franklin Burgess, Jr. of the District of Columbia Superior Court.

Recognition & Leadership

She has received recognition for her expertise as a dispute resolution specialist by Global Arbitration Review, Who's Who Legal, Benchmark Litigation, the Commercial Arbitration Expert Guide, the National Law Journal, the American Lawyer, Juve, Super Lawyers and Law360.

Professional Involvement

Lisa is listed on the arbitrator list of the Vienna International Arbitral Centre (VIAC), in the LCIA's database of neutrals and is a member of the SIAC Users Counsel, the ITA Americas Committee and the DIS Rules Revision Committee. She is a native German speaker, and also speaks Spanish and French.

Experience

Lisa's clients have included investors, governments, corporations, corporate officers and directors, and individuals in disputes seated in common law and civil law jurisdictions worldwide. Her work has included disputes conducted under ICC, ICSID, ICSID AF, AAA/ICDR, SIAC, HKIAC, JAMS, DIS, LCIA, CPR, Swiss Rules and UNCITRAL Rules as well as pure ad-hoc arbitrations. She has handled disputes in a wide variety of industries with a particular focus on disputes relating to energy, oil and gas, intellectual property, pharmaceutical, infrastructure, licensing, securities, telecommunications, joint ventures and construction. She has also managed internal investigations worldwide and has helped companies resolve government investigations, including World Bank Sanctions proceedings.

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Ability to Ask Questions During
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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
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Why Attend

Why this 
program matters

Understanding arbitration clauses is essential for legal practitioners to protect client interests through properly drafted agreements that ensure enforceability and optimal dispute resolution outcomes.
280k+
Individual arbitration claims filed with the American Arbitration Association in 2024 under mass arbitration procedures. (AAA 2024 Mass Arbitration Infographic)
172
Countries have ratified the New York Convention, providing a global framework for enforcing international arbitration awards across borders. (UNCITRAL/Wikipedia)
80%
Of Fortune 500 companies mandate arbitration for their customers or workers according to empirical research on forced arbitration clauses. (Minnesota Law Review, David Horton Study 2024)
60M+
American workers are subject to mandatory employment arbitration agreements, barring their access to courts for workplace disputes. (Economic Policy Institute)

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