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Vol 3, Num 1 l April 2016

Technology and Intellectual Property

► In This Issue:

Structured Arbitration: Effective Risk-Management ADR Option for Resolving Bankruptcy Disputes

ABI

Frank L. Broyles
Law Office of Frank L. Broyles
Irving, Texas

Unlike the more common pre-dispute arbitration agreement in which the contracting parties agree to arbitrate disputes if and when they occur, a structured arbitration agreement is a negotiated contract created after a dispute arises. It is customized to fit the facts and risks facing the parties and includes dispute-specific procedural rules applicable to both the parties and the arbitrator or arbitration panel.

Pre-dispute arbitration agreements tend to be one or two paragraph inserts in goods or services contracts as an incidental matter to the primary focus of the contract. These agreements sometimes require the parties to arbitrate under the procedural rules of an industry arbitration organization, such as the Financial Industry Regulatory Authority (FINRA) or the American Arbitration Association. In contrast, most structured-arbitration agreements are multi-page negotiated contracts created by the disputing parties, with or without the assistance of a third-party neutral, in which the arbitration process itself is the focus of the contract and the procedures are those to which the parties contractually agree.
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2016 Annual Spring Meeting Offers a Plethora of Networking and Educational Options

2016 Annual Spring Meeting

Connect with the industry’s thought leaders at the 34th Annual Spring Meeting, featuring dynamic speakers, top education and unparalleled networking. This year’s event boasts streamlined CLE sessions, more networking opportunities than ever before, and ABI’s take on the famous Hollywood Squares game show, the inaugural “Bankruptcy Judge Squares: The Supreme Court Edition.”This year’s final night event will feature "Saturday Night Live" alum, talk show host, and political commentator Dennis Miller!

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