Recommended Reading: Two Articles By Rebecca J. Callahan In The Orange County Lawyer Provide Helpful Tips For Drafting Arbitration Clauses.
Mediator and arbitrator Rebecca J. Callahan is the author of two very clear and concise articles about drafting arbitration clauses. "Arbitration Clauses: Hot Questions and Cool Answers", which appeared in Orange County Lawyer, February 2017 (Vol. 59 No. 2), p. 42, explains basic considerations of drafting arbitration clauses. A second article, "Arbitration Clauses: A Contemporary Look at Advanced Drafting Considerations and Opportunities", appears in the current issue of Orange County Lawyer, April 2017 (Vo. 59 No. 4), p. 56. The second article is especially helpful because it addresses some drafting niceties and pitfalls, such as failing to consider that the Federal Arbitration Act only allows for judicial confirmation of an award if the parties have agreed that a judgment shall be entered upon the award, and have specified the court. Other topics covered include provisional relief, award of fees and costs, availability of statutes of limitation as a defense, inclusion of successors and assigns, and discovery.
COMMENT: In addition to those articles, which provide an excellent overview and useful drafting tips, a helpful on-line resource for drafting arbitration provisions is the AAA's Drafting Dispute Resolution Clauses: A Practical Guide.