The Pitfalls of Arbitrator Qualification Clauses

Andrew Kratenstein and Audrey Lu wrote this bylined article on problems with arbitration clauses used in commercial agreements. Recounting their own experience in which arbitration over termination of a hotel management agreement turned to litigation when the parties could not agree on an arbitrator, the authors cautioned that “parties often underestimate the difficulties that arise in finding and agreeing upon an arbitrator who has the requisite qualifications.”