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

Attention Providers! OMIG Audit Update: New Settlement Flexibility at Lower Confidence Payment Restored and DME Protocol Released

Alerts

NYS Trial Court Holds: Animals Are Family Too

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Victor Lopez, Myrna Driffin, Damon Jones, Tazinique Echols, and Ashley Bahena—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Brian Flores Gerardo, Jonathan Drummond, Makeda Evans, Andre Campbell, and Zephyrin Victor—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

New York State Executive Order Expands Pharmacist Authority to Administer COVID-19 Vaccines Without Prescription

Alerts

Federal Judge Halts DOE's Crackdown on Diversity Programs