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In a recent decision, the Superior Court (the “Court”) set aside an arbitration award after finding that a transport company (the “Employer”) had lawfully dismissed a commercial freight truck driver for driving while intoxicated and causing a serious accident. In the Court’s view, despite the driver’s disability due to alcohol addiction, her dismissal did not breach the Employer’s duty to provide reasonable accommodation.

The purpose of this bulletin, the ninth in our “Dispute Resolution Clauses - Two Minute Drafting Tips” series, is to provide parties involved in negotiating commercial agreements with quick, actionable tips for crafting effective dispute resolution clauses. This bulletin explains why drafting a contract to include both an “attornment” clause and an arbitration clause can lead to problems in the event of a dispute.

Many families face challenges that they could not have foreseen when their children were growing up and living at home that one or more, and in some cases all of them...