Review the arbitration clauses they routinely (sometimes automatically) insert into agreements without much, if any, thought as to venue, choice of law or arbitral organization. Carefully evaluating the differences among the various organizations' rules should ensure that counsel avoid the common pitfalls of adopting an ineffective arbitration clause, such as one that does not include guidance on how the arbitrators are to limit US-style discovery.

Appoint the right arbitrator. The chosen arbitrator has an enormous influence not only on the arbitration’s outcome, but on its length and cost as well. Some arbitrators will adhere closely to the parties’ intended discovery restrictions, whereas others may permit the proceedings to resemble a courtroom trial.

Devise creative ways of handling more of the procedural aspects of arbitration, including conducting an early case management meeting to avoid repetitive filings with the arbitral institution and preparing an accelerated schedule for party submissions with deadlines for each.

Comparative Chart of ICDR, ICC, LCIA, WIPO and SCC Rules.