To arbitrate or to litigate: Overlooked part of most contracts

Lawyers' Forum

By Norman T. Finkel

Norman T. Finkel is an commercial litigator and a legal and business adviser at Schoenberg Finkel Newman & Rosenberg LLC. He serves as general corporate counsel for companies, large and small, and serves as trial and appellate counsel in federal and state courts nationwide.

Posted February 6, 2019 3:38 PM

Many companies devote hours negotiating the “substantive” terms of a contract, but pay little attention to the dispute resolution clause often included among boilerplate terms at the end of the contract.This is a risky practice, since rights that were carefully bargained for may effectively be lost if the “right” dispute resolution procedure is not negotiated at the outset.When it comes to dispute resolution clauses, there is no one-size-fits-all solution. Those negotiating the agreement must fully …

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