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Jennifer Horn, Horn Williamson

Arbitration provisions are standard fare in a variety of contractual settings. In some cases, arbitration provisions make a lot of sense. Arbitration is a streamlined dispute resolution process, with limited discovery, that often leads to the swift and equitable resolution of disputes. Arbitration provisions can also act as a sword and a shield for the corporations that include these provisions in their employment agreements and other contracts. Similarly, in our day-to-day practice we see a pattern of builders employing arbitration provisions designed to prevent, or severely limit, a homeowner’s ability to recover against a builder who builds and sells a defectively constructed home.

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