Articles Posted in Arbitration

Arbitration agreements survive the termination of an underlying contract, unless the parties specifically terminate the arbitrate provision. In disputes involving closely held businesses, the arbitration agreement may be invoked even if the business is no longer in existence. Unless there is a specific agreement on the question of ‘arbitrability’ of…

An arbitration clause in a is unlikely to be enforceable against a beneficiary unless there was to consent to arbitrate; it is unlikely to be inferred from the will alone. An arbitration clause imposed as a condition of accepting the benefit of a trust is more likely to be enforced…