Arbitration Provisions in Energy and Commodity Contracts

Although far from universal, arbitration provisions are more common in the energy industry than in many other sectors. Should you be including arbitration clauses in your contracts? If you do, what do they need to include? Sherrill addresses the advantages and disadvantages of including arbitration provisions, and discusses the courts’ treatment of them. He concludes with a set of best practices for those who elect to include arbitration clauses in their trading contracts.