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Arbitration Agreements

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ArbitrationPre-Dispute

We draft and negotiate arbitration agreements that provide effective dispute resolution mechanisms tailored to the parties' relationship, industry, and potential disputes.

Designing Effective Dispute Resolution

Arbitration agreements determine whether, where, and how disputes will be resolved. MC Law's Arbitration Agreements practice helps clients design dispute resolution mechanisms that serve their interests when disputes arise.

Clause Drafting

We draft arbitration clauses tailored to the transaction and relationship. We advise on scope of disputes covered, institutional selection, seat of arbitration, governing law, number of arbitrators, language, and procedural customizations. We avoid pathological clauses that create uncertainty or dysfunction.

Services in this practice

Business and Commercial LitigationIP LicensingSoftware Agreements

Frequently asked questions

An enforceable arbitration agreement requires a clear agreement to arbitrate, identification of the scope of disputes covered, and compliance with applicable formal requirements. Courts generally favor enforcement but may invalidate agreements that are unconscionable or lack mutual assent.

Essential terms include the arbitral institution or ad hoc rules, seat of arbitration, number of arbitrators, language, governing law, and scope of disputes covered. Optional provisions may address confidentiality, expedited procedures, and consolidation.

Broad arbitration clauses can cover virtually all disputes arising from a relationship, but courts scrutinize scope carefully. Carve-outs for injunctive relief, IP disputes, or small claims are common and can be strategically important.

The seat determines the procedural law governing the arbitration, the courts with supervisory jurisdiction, and the grounds for challenging awards. Choosing a seat with a pro-arbitration legal framework and experienced judiciary is critical.

Yes, parties can agree to arbitrate existing disputes through a submission agreement. However, negotiating arbitration terms after a dispute has arisen is typically more difficult, making pre-dispute arbitration clauses preferable.

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International Arbitration

Our International Arbitration practice represents clients in cross-border disputes before major arbitral institutions, providing experienced advocacy in commercial, investment, and construction arbitrations worldwide.

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Our Litigation practice represents clients in complex commercial disputes, IP litigation, employment matters, and other high-stakes litigation in federal and state courts, arbitration, and administrative proceedings.

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Commencing An Arbitration

We guide clients through the process of initiating arbitration proceedings, from pre-arbitration requirements through filing and initial procedural steps.

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Our team

People in this practice

CS
Casey Scott McKay
Attorney
Washington, D.C.
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