ispute resolution clauses have become common features of many agreements. In-house counsel and transactional lawyers routinely draft provisions governing how disputes will be resolved if they arise. The choices reflected in those provisions can matter a great deal once a dispute arises. In practice, much of the focus has been on arbitration clauses, which have become increasingly sophisticated over time. Beyond mandating that disputes must be arbitrated, they also detail specifics regarding forum selection, delegation, confidentiality, appellate procedures, arbitrator qualifications and discovery limitations.

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