Drafting an Arbitration Agreement in 2022: The Litigator's Perspective
In this third article of her series, Myrna Barakat examines the issue of drafting arbitration agreements from the perspective of four prominent litigators, "the professionals who are often consulted by their corporate partners to advise on drafting and who ultimately have to defend or critique the provisions."
January 21, 2022 at 10:00 AM
11 minute read
In the first article in this series titled "Drafting an Arbitration Agreement in 2022," I highlighted matters to consider including in dispute resolution agreements to reflect recent events and current social priorities. In the second article, I examined the issue from the perspective of transactional attorneys. In this third article of the series, I consider the views of four litigators, the professionals who are often consulted by their corporate partners to advise on drafting and who ultimately have to defend or critique the provisions: Lea Haber Kuck, a partner in Skadden's international litigation and arbitration group, where she concentrates her practice on the resolution of complex commercial disputes arising out of international business transactions; Cecil Key, head of the DGKeyIP Group of DiMuroGinsberg P.C., who focuses on the protection, enforcement and licensing of intellectual property rights; Taline Sahakian, a partner in Constantine Cannon's antitrust litigation & counseling and commercial litigation groups, where she has represented parties in international arbitrations and in the context of mediations of commercial disputes; and Dan Weiner, co-chair of Hughes Hubbard & Reed's litigation department and a regular arbitration counsel in high-stakes commercial disputes.
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