Skill

legalcode-arbitration-clause-review

Review and analyze arbitration clauses for enforceability, pathological defects, and commercial suitability — identify unclear scope, missing essential elements, inconsistent provisions, and jurisdiction-specific risks. Use when reviewing dispute resolution provisions in commercial contracts, evaluating arbitration clauses for New York Convention enforceability, assessing institutional arbitration clause compliance (ICC, LCIA, AAA/ICDR, SIAC, HKIAC, SCC), checking for multi-tiered escalation clause defects, or advising on seat selection and procedural adequacy. Covers ad hoc and institutional arbitration, emergency arbitrator provisions, consolidation rights, joinder clauses, confidentiality obligations, cost allocation mechanisms, and waiver provisions (class action, jury, punitive damages). Detects pathological clauses (Eisemann defects), forum non conveniens risks, and consumer/employment-specific enforceability issues under US federal law (FAA, EFAA) and state unconscionability doctrines. Produces severity-classified findings (GREEN/YELLOW/RED), redline suggestions with fallback positions, and a Glass Box audit trail. Jurisdiction-agnostic with [JURISDICTION-SPECIFIC] markers for US, UK, EU, Singapore, Hong Kong, and civil law systems. Integrates with legalcode-contract-review for full contract analysis and legalcode-mcp for legal authority verification.