Over the years we’ve been building a list to consider when putting together an arbitration provision.

  1. A requirement that the case be disposed of within a certain time period. (i.e. 6 months from filing);
  2. A limitation on the number of witnesses that can be called, the amount of time each side has to put on their case, basically anything that would set parameters on how long the hearing will take;
  3. Statute of Limitations – is a provision necessary that spells out how long a party has to bring a claim;
  4. A provision that either adopts and references the Texas arbitration statute or Federal Arbitration Act;
  5. A provision that specifically states there is no appeal;
  6. Can witnesses appear by phone or some form of video, or can affidavits be submitted in lieu of live testimony?;
  7. A provision that requires some form of mediation before an arbitration can be filed (another way to try and short circuit the process);
  8. If the provision dispenses with using AAA or some other group, specific details about arbitrator selection and the process of the hearing.
  9. A fee provision that provides for attorneys’ fees, expert fees, arbitration fees, other arbitration costs, and maybe anticipated fees to confirm an arbitration award;A provision that permits the depositions of corporate representatives; and
  10. A provision that is broad enough to encompass any potential dispute between the parties.

For 2017:

11. Specify the number of arbitrators to consider the dispute;

12. Make sure there is a choice of law provision for the dispute; and

13. Specify the venue for where the arbitration will take place.