Following part 1 of this article published last week, the
authors hope the reader was primed with an understanding of how
arbitration clauses often operate. Notwithstanding the benefits
identified in the preceding article, namely, privacy and
expediency; arbitration processes have been inundated with issues
that should give parties pause before subscribing to the terms of
such a clause. More pertinently, it should be observed an
arbitration clause is merely an option amongst other alternative
means of dispute resolution including mediation and negotiation.
The authors hereto wish to restate that notwithstanding the
propriety of standard clauses, the rule of thumb pertaining to any
agreement should always rooted in the utility thereof such that the
terms are actionable. The following discourse will highlight issues
that are proving problematic vis-à-vis arbitration, and
alternate dispute resolution methods parties may resort in lieu of
the traditional form such as
