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Townsend identifies seven deadly sins of an arbitration clause: equivocation, inattention, omission, over-specificity, unrealistic expectations, litigation envy, overreaching.

Arbitration is an ADR process where the parties present arguments and evidence to an independent third party, the arbitrator, who makes a determination. Arbitration is particularly useful where the subject matter is highly technical, or where the parties seek greater confidentiality than in an open court.

If all parties to an agreement agree explicitly or impliedly to the joining of third parties, there is no legal impediment.

But there can be cases involving arbitration by non-signatories, both as claimants and respondents. Four primary bases on which non-signatories have been forced to arbitrate disputes in the United States are: assignment, third-party beneficiaries, alter-ego/veil-piercing, and estoppel.

Proceeding with Default: If the non-participating party's refusal prevents the arbitration process from proceeding, the party seeking resolution may have the option to pursue default proceedings, which can lead to a binding decision in their favor.

If the court determines that a party to the arbitration is also a party to litigation in a pending court action or special proceeding with a third party as set forth under subdivision (c), the court (1) may refuse to enforce the arbitration agreement and may order intervention or joinder of all parties in a single ...

Those rules allow joinder where either the party to be joined is bound by the arbitration agreement, or all parties have consented. There is no requirement in those rules that the arbitration agreement include consent to being joined to arbitrations under that agreement.

The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.

Principles of contract law ? which vary based on the governing law ? can force a non-signatory to participate in arbitration. In addition to these discussed above, assumption and incorporation sometimes are applied. Thus, it is possible to be compelled to arbitrate without having signed an arbitration agreement.