Audit an arbitration clause and draft a replacement the lawyer will settle
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Mark whether the clause is in writing, what it covers, who administers it, and where it is silent on seat, language, institution and court for judgment. Propose replacement text only as a marked draft.
- What the lawyer must review
- Section 2 of the Federal Arbitration Act is the enforceability rule for a written provision to arbitrate a controversy arising out of a maritime transaction or a contract evidencing a transaction involving commerce, and for a written agreement to submit an existing controversy. The lawyer decides whether this contract is in that class and writes any replacement. A clause that names a court for entry of judgment matters later under 9 U.S.C. § 9. Formal Opinion 512: do not leave a generated institution or seat in the draft unless it is the client’s instruction.
- Written for / version
- United States versionUSNZ
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Multi-tiered dispute resolution clause (notice, negotiation, mediation, then expert determination or arbitration) | Clause | AI use Yellow | Escalation clause for commercial contracts: a dispute notice, senior-executive negotiation, mediation within fixed periods, then expert determination for defined technical questions and arbitration or litigation for the rest, with an urgent-relief carve-out. |
Signed-in accounts can read the full text of each one. All precedents.