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Form contract provisions requiring binding arbitration are becoming increasingly important due to their rising prevalence in a wide variety of contracting contexts. Furthermore, most countries, including the United States, strictly enforce agreements to arbitrate as signatories to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly referred to as the" New York Convention"). 1 Meanwhile, domestic and international rhetoric touts the virtues of agreements requiring non-binding dispute resolution processes such as mediation, conciliation, or negotiation (I refer to these contracts as" ADR Agreements" to distinguish them from contracts requiring binding arbitration under the New York Convention, and the Federal Arbitration Act (" FAA") in the United States). 2