Parties increasingly turn to arbi-
tration for the resolution of busi-
ness disputes—with positive
results, including less adversarial rela-
tionships, faster decisions and lower dis-
pute resolution costs. But because arbi-
tration is a creature of contract, the
process the disputants get, and their sat-
isfaction with it, turn largely on the
arbitration clause itself. Whether their
pursuit of an efficient and cost-effective
BY SCOTT D. MARRS AND SEAN P. MILLIGAN
Scott D. Marrs is a partner, and Sean P. Milligan is an associate, at
Beirne, Maynard & Parsons, L.L.P., in Houston, Texas. They represent
clients in commercial disputes in court, and arbitration throughout the
country. Mr. Marrs serves as arbitrator on the American Arbitration
Association’s Commercial panel. The authors e-mail addresses are
smarrs@bmpllp.com and smilligan@bmpllp.com.
Arbitration is a crea-
ture of contract, mak-
ing it prone to change.
The touchstone for a
successful arbitration
is careful drafting of
the arbitration clause,
according to authors
Scott Marrs and Sean
Milligan. They pose 10
critical questions that
will help drafters of
arbitration agree-
ments, parties counsel
and arbitrators
understand recent
developments in
arbitration.
ARBITRATION
MAJOR
ARBITRATION
ISSUES
10MAJOR
ARBITRATION
ISSUES
10
Practical Tips for the Arbitrator, Practitioner and Contract Drafter
Recently Addressed By Courts
