Association of Corporate Counsel Birmingham
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Designing Your Company’s Arbitration (or Non-Arbitration) Strategy: Considerations for In-house Counsel

Designing Your Company’s Arbitration (or Non-Arbitration) Strategy: Considerations for In-house Counsel

Rebecca Beers, Bert Spence and Pete Tepley teamed up for a CLE for the Alabama Chapter of the Association of Corporate Counsel. They focused on issues and matters that companies should consider in devising their arbitration strategy—whether that strategy is to embrace or to avoid arbitration—including considerations in creating a plan for adopting arbitration as the company’s preferred dispute resolution procedure.

Key points addressed included:

  • A company’s arbitration strategy is not “one size fits all.”
  • Companies should assess whether to include arbitration provisions in agreements based on the nature of the specific contractual relationship.

“Arbitration agreements are nearly infinitely customizable. If you choose to go the arbitration route, make sure that you have tailored your agreement to your company’s exact needs based on the relationship at hand – copying and pasting the same agreement in contract after contract is a wasted opportunity to maximize value and minimize cost and risk,” Beers reiterated.