John Amabile and Olivia Landrum wrote an article in the Daily Report about how a recent decision from the Georgia Supreme Court not to consider an arbitration appeal highlights an important consideration for Georgia businesses.
"The case arose after two equity partners left Drew Eckl & Farnham and formed a new firm, and Drew Eckl claimed it was still owed contingency fees under the Drew Eckl partnership agreement," John and Olivia wrote. "The partnership agreement required that Drew Eckl and the two departing partners arbitrate the fee issues. But the arbitration provision was silent as to what other parties, if any, could be added to the arbitration."
"For businesses, the takeaways from the yearslong arbitration dispute are clear," they wrote. "The court’s ruling emphasizes the need for a clearly drafted arbitration agreement. This includes clearly defining who has the right to decide the question of whether a party agreed to arbitrate: the court or the arbitrator."
Subscribers can read the full article here: Georgia Arbitration Ruling Offers Key Contract-Drafting Lessons for Businesses
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