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A Word to the Wise

By Alfred G. Feliu
October 07, 2003

Arbitration has become an increasingly powerful force in the resolution of disputes in the employment setting. Your client has asked you to draft or revise an arbitration provision in an employment agreement. What do you do?


Well, most of us would typically pull from our form files our 'standard' arbitration clause. For example, the American Arbitration Association offers the following 'model' language: 'Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by arbitration in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.' Is this still a model arbitration clause in our new environment? With this question in mind, a review of the key terms of an agreement to arbitrate an employment dispute seems a worthy endeavor.

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