Drafting Enforceable Arbitration Agreements: Hottest Issue in Contract Law

Summary

Arbitration agreements are supposed to ensure that disputes are resolved outside of court, and that’s why it’s an irony of almost cosmic proportions that “the enforceability of arbitration agreements is likely ‘the single most litigated contractual issue’ today . . . .” Richard Frankel, The Arbitration Clause as Super Contract, 91 Wash. U. L. Rev. 531, 551 (2014).