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The procedural pre-nup: How to leverage arbitration effectively for your business

Sep 7, 2016

Arbitration is often promoted as a cheaper, faster alternative to traditional litigation, but that’s not always the case. Properly assessing an organization’s situation to determine whether arbitration is the most viable option is crucial to counsel making the most efficient use of their valuable time and resources.

Developed by Kevin O’Brien, a partner in Osler’s Litigation Practice Group, and Andrew MacDougall, a partner in Osler’s Corporate Practice Group, this installment in our Brief the Board series provides insight into assessing arbitration agreements as well as tips on navigating the arbitration process to ensure the best possible results. Counsel will also learn how to effectively communicate with business leaders to enable effective decision-making and will gain a deeper understanding of

  • the difference between arbitration and litigation, including associated benefits and risks
  • whether arbitration is right for the organization and its disputes
  • how to understand and evaluate arbitration clauses
  • how to brief a board on the most common arbitration scenarios

These resources will provide guidance on helping a board navigate the arbitration process and drive positive business outcomes:


The essentials

An effective arbitration clause should:

  • Protect confidentiality
  • Specify the arbitrator and jurisdiction
  • Establish the scope of its application

Access the PDF of Takeaways Review the slide deck




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