Therefore, if Party A wants to arbitrate and Party B does not,
a broad arbitration clause favors Party A's interests.
With respect to your second paragraph question:
a broad arbitration clause makes more things potentially available for a party to bring to arbitration.
2009)(
broad arbitration clause permits Panel to impose sanctions and attorneys» fees for «bad faith conduct» in FAA arbitration).
5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very
broad arbitration clause allowing for fee recovery in any dispute and for a Trope waiver.
The case is about a simple,
broad arbitration clause in a shareholders agreement for a restaurant business.
Not exact matches
Here is a sample
clause for a
broad scope of an
arbitration clause: «Any dispute, controversy, or claim relating to, connected with, or arising out of this Agreement...» Here are two for narrow scope: «All disputes arising under this Agreement...» [precludes
arbitration of matters that, while related to the agreement, do not arise out of it] «Any...
In international commercial agreements,
arbitration clauses must be construed against the background of a presumed intention that a single tribunal will determine all of the parties» disputes and the
arbitration clause must be given a
broad interpretation.
Here is a sample
clause for a
broad scope of an
arbitration clause: «Any dispute, controversy, or claim relating to, connected with, or arising out of this Agreement...» Here are two for narrow scope:
In - depth reasoning as to why
arbitration clauses should typically be
broad as opposed to narrow is available here: http://arbitrationblog.kluwerarbitration.com/2012/05/25/scope-of-
arbitration-
clauses-and-carve-out-
clauses-erring-on-the-side-of-caution-or-on-the-side-of-daring/.
For instance, articles like this one do explain the difference between
broad and narrow
arbitration clauses, but I don't have enough of a legal background to interpret the rather technical language.