---
title: "Audit an arbitration clause and draft a replacement the lawyer will settle"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/audit-the-arbitration-clause-and-draft-a-workable-replacement/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A6-T1-R1-US"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Audit an arbitration clause and draft a replacement the lawyer will settle

> 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.

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/audit-the-arbitration-clause-and-draft-a-workable-replacement/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Audit the arbitration clause and draft a workable replacement](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/audit-the-arbitration-clause-and-draft-a-workable-replacement.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 9’s one-year application period applies when the parties have agreed that a court judgment shall be entered on the award. A Convention award is confirmed under § 207, within three years, not under § 9.
- Class, consumer and employment arbitration enforceability turns on Supreme Court decisions and the state law ground, if any, that fits § 2. Those decisions were not opened for this version.

## Sources

- [9 U.S.C. § 2, validity of arbitration agreements](https://www.law.cornell.edu/uscode/text/9/2) (checked 2026-10-22)
- [9 U.S.C. § 9, confirmation of an award](https://www.law.cornell.edu/uscode/text/9/9) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Federal Court Form 51: originating application for stay of a proceeding under the International Arbitration Act 1974](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/form-fca-51-stay-for-arbitration.md) | Form | Yellow | Link to Federal Court Form 51, the originating application for a stay of a proceeding under the International Arbitration Act 1974, rule 28.43(1). |
| [Multi-tiered dispute resolution clause (notice, negotiation, mediation, then expert determination or arbitration)](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/multi-tiered-dispute-resolution-clause.md) | Clause | 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… |
| [Federal Court Form 53: originating application for relief under the Model Law, section 18 of the International Arbitration Act 1974](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/form-fca-53-model-law-relief.md) | Form | Yellow | Link to Federal Court Form 53, the originating application for relief under the Model Law, section 18 of the International Arbitration Act 1974, rule 28.45. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*