The Twin E’s of Arbitration Provisions in Commercial Agreements: Enforceability and Ethics

Bressler attorneys Diana C. Manning, Benjamin J. DiLorenzo, and Kyle A. Valente will be presenting a program for the Celesq AttorneysEd Center, entitled, "The Twin E’s of Arbitration Provisions in Commercial Agreements: Enforceability and Ethics," on August 10, 2023. The panel will cover emerging issues related to the enforceability of arbitration provisions in commercial contracts and corresponding ethical requirements that arise from including such clauses in retainer agreements. The panelists will discuss themes including:

• The relationship between the sophistication of parties to a commercial contract and whether an arbitration provision may be deemed unenforceable absent an express waiver in writing.
• How litigation conduct may preclude invocation of an otherwise enforceable arbitration provision.
• The implications of ABA Model Rule 1.4 (Communications) and level of disclosure provided to clients with respect to the scope and meaning of ADR provisions in retainer agreements.

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