Monthly Archives: May 2016

Re-Thinking the “Standard” Arbitration Clause in Cloud Agreements (Part III): Taking Full Advantage of ADR in Cloud Agreements

Part I of this three-part article included some history about how it came to be so common that modern technology agreements – including “cloud agreements” – often include a “standard” arbitration clause. Part II asked and answered the question: Is arbitration “cheaper, faster and better” than a traditional lawsuit? This final installment will focus on some of the clear disadvantages of arbitration and make some suggestions regarding how to better take advantage of the availability of ADR. Sometimes, It’s Not How You Play the Game, It’s Whether You Win or Lose The one aspect of arbitration that is perhaps most …

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Rethinking the “Standard” Arbitration Clause in Cloud Agreements (Part II)

Part I of this article included a little bit of history about how it came to be so common that modern technology agreements – including “cloud agreements” – often include a rather ubiquitous, sort of “standard” arbitration clause. The first article in this three-part series also put forth the question of whether some of the common assumptions about arbitration – namely, that arbitration is cheaper, faster and better than a traditional lawsuit – are true. This middle article in the series aims to try to answer that question: Is arbitration truly “cheaper, faster or better?” A close examination of these …

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Rethinking the “Standard” Arbitration Clause in Cloud Agreements

Twenty or so years ago, arbitration began to gain wide acceptance among lawyers as a viable alternative for the effective resolution of civil disputes.  Clients were beginning to view “alternative dispute resolution” (ADR) as the best hope for avoiding the expensive morass that litigation in court can sometimes be.  As a result, many trial lawyers began to jump on the bandwagon and tout their skills not only as trial lawyers, but also as experts in “all forms of dispute resolution.”  Certainly, very few lawyers ever attempted to talk their client out of inserting an arbitration clause into an agreement.  Indeed, …

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