By: Andrew Barton, Vice President, AAA-ICDR^® and Lance K. Tanaka, Vice President, AAA-ICDR

Though most traditional sporting events have been decimated by an operational shutdown due to the COVID-19 pandemic, many might think that eSports are immune given the nature of online, or virtual, competition. However, businesses involved in the eSports industry feel the impact of the loss of revenue

A well-constructed dispute resolution clause is the foundation of a cost-effective and efficient dispute resolution process. Yet courts regularly are faced with arbitration clauses that are problematic in some respect. 

Common Flaw #4: Unrealistic Deadlines and Customized Procedures

By: Michael R. Powell, Vice President, AAA Construction Division

Parties select construction arbitrators based on their subject-matter expertise, qualifications, familiarity with the applicable law(s), and reputation. It wasn’t that long ago when industry professional arbitrators (IPAs) served with more frequency in construction claims. In

A well-constructed dispute resolution clause is the foundation of a cost-effective and efficient dispute resolution process. Yet courts regularly are faced with arbitration clauses that are problematic in some respect. 

Common Flaw #3: Vague Conditions Precedent

Lack of defined conditions prior to commencing arbitration (conditions precedent) can delay the proceeding or send parties to court to determine enforceability of the clause