Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

April 3, 2025

New York Law Journal, "Who Decides If a Dispute Is Arbitratable?"

Michael J. Lane, partner, and Nicole Mastrocinque, associate, had their “Who Decides If a Dispute Is Arbitratable” article published by New York Law Journal. The article discusses the significant risks businesses face when drafting arbitration agreements and highlights a recent case where ambiguities in the arbitration clause led to unintended consequences, ultimately resulting in a costly and prolonged legal dispute.

For businesses, this case underscores the importance of clearly defining the scope, rules, and procedures within arbitration agreements to avoid similar pitfalls. Inadequately drafted clauses can lead to unexpected challenges and increased litigation costs, even when arbitration was intended as a streamlined alternative to court proceedings.

The key takeaway for business owners and executives, Michael and Nicole advised, is to work closely with legal counsel when drafting or revising arbitration agreements. Ensuring that all terms are unambiguous and well-aligned with the business’s goals can help protect against unforeseen disputes and maintain the intended efficiency of the arbitration process. The article states, “. . . clear drafting is critical to every document a lawyer creates. . . . you need to be careful in negotiating a subsequent agreement and the effect, no matter how small, of an overbroad provision that could be used ‘down the road’ against your client.”

Click here to read the full article.
 

Featured Media

Alerts

Federal Court Voids Regulation Authorizing IRS to Assess ACA Employer Penalties

Alerts

Building Industry Groups and Municipalities Clash With NYSDEC Over Recent Changes to State Wetland Law and New Wetland Regulations

Alerts

Not-for-Profits Face New Threats to Tax-Exempt Status


 

Alerts

Not Every Dog Gets a Free Bite: NYS High Court Upends Settled Precedent in Domestic Animal Cases

Alerts

Changes to Delaware Corporate Law Aim to Preserve Its Leadership Position

Alerts

Non-Judicial Collateral Remedies, Part 1 – Collection and Enforcement Rights

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out