Given that mainstream contract drafting is dysfunctional,1 it shouldn’t come as a surprise that what is touted as model contract language usually exhibits significant shortcomings.
A handy example of that is the standard arbitration clause recommended by the American Arbitration Association, as stated in the introduction to the AAA commercial arbitration rules:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Standard English
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