Bespoke tailoring or off-the-rack misfits for arbitration systems?

By Dianne LaRocca

Much has been written following the Supreme Court’s decisions in AT&T Mobility LLC v Concepcion, Oxford Health Plans, LLC v Sutter and American Express Co v Italian Colors Restaurant. Yet, in this crowded field, there is a need for clear thinking on the most pragmatic issues: deciding whether to adopt arbitration and, if so, how to draft pre-dispute mandatory arbitration agreements.

The threshold question is whether your organisation should have arbitration agreements. Some employers adopt arbitration agreements without a considered cost-benefit analysis of whether its advantages (e.g. reduced costs, faster resolutions, greater privacy, no jury, increased predictability, etc) will be realised. Others do this analysis but then fail to tailor arbitration to meet their organisation’s needs. As a result, there are employers who have been disappointed to discover that their arbitration systems yield a greater number of claims, significant expenses, no guarantee of arbitrator expertise and no effective appellate review of unsatisfactory arbitration decisions.

More sophisticated analysis and a deeper appreciation for the flexibility of arbitration can avoid those disappointments. Here are the key questions to start determining what type of arbitration agreement (if any) fits best for your organisation…

If you are registered and logged in to the site, click on the link below to read the DLA Piper briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer


3 Noble Street

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 542 (International 50)
No. of partners: 142.6