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Arbitration Umpire Selection: What Makes Sense
Arbitration, of course, exists by contractual design. For this reason, considerable thought should be given to the terms of any contractual provision that
provides for the resolution of disputes by arbitration. The parties are free to design an arbitration provision that forecloses certain issues that could arise once there is a dispute that needs to be resolved by arbitration. All too often parties insert arbitration clauses that give rise to problems that could be avoided if more thought were given to the drafting of an arbitration clause.