Tag Archives: Arbitrability

Drafting a Usable Arbitration Clause

In this second of a two-part series on arbitration clauses, we start with acknowledgement that arbitration clauses in resident admission agreements (“Agreement”) are a good practice because they give you additional means of resolution and may avoid jury trials.  You have drafted your clause to include all foreseeable disputes and to require the issue of arbitrability to be decided by the arbitrator.  Now, you want to ensure that your arbitration clause cannot be rejected because it violates contract law.   Recall that the Federal Arbitration Act states that arbitration clauses are valid and irrevocable, except upon such grounds as exist for …

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