Contracts,
Alternative Dispute Resolution
Apr. 23, 2025
Arbitration or litigation: Making sure your agreement doesn't miss the mark
See more on Arbitration or litigation: Making sure your agreement doesn't miss the markIn California, businesses must ensure their arbitration provisions are clearly written, explicitly consented to, and compliant with state-specific laws to avoid costly litigation and unenforceable agreements, as courts frequently scrutinize poorly drafted or improperly implemented clauses.
Ellen S. Robbins
Partner
Akerman LLP
Email: ellen.robbins@akerman.com
Harvard Univ Law School; Cambridge MA
Scott Allbright
Special Counsel
Akerman LLP
Arbitration is a popular way for companies to manage disputes, avoid costly litigation, and maintain control over how conflicts are resolved. California is the most litigious state, with plaintiffs' attorneys routinely filing seemingly meritless claims and threatening putative class actions against businesses. Without proven and enforceable arbitration provisions, businesses are forced to litigate these claims in court, generating substantial legal bills and potentially extraordinarily...
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