A Party may Not Expand the Scope of Judicial Review of an Arbitration Clause

Arbitration is a creature of contract. This means if you are going to arbitrate a dispute, as opposed to litigating a dispute, there must be an agreement to arbitrate. However, whether a dispute should be arbitrated pursuant to the terms of the contract is an area that has been heavily litigated for a couple of reasons: 1) a party does not want to arbitrate the dispute and, therefore, files a lawsuit versus a demand for arbitration and 2) an opposing party that has been sued wants to enforce an arbitration provision in a contract. As a result, an order granting...

16 June

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Value of Severability Clause

Posted by David Adelstein

in Trial Perspectives

Severability clauses have become fairly commonplace in contracts. Cut and paste provisions. However, these clauses can provide tremendous value. A sample of a severability clause is as follows: If any provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefit by or in favor of any party or substantially increase the burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. There are numerous ways to draft...