What is an ELA?

An ELA stands for "Economical Litigation Agreement", or sometimes referred to as a "litigation prenup." It is a clause that is included instead of a conventional arbitration clause in a business contract to reduce the costs and delay of discovery. The ELA is a hybrid of arbitration and litigation that replaces the infinite discovery process of conventional litigation with a finite process of discovery based on a discovery contract, which is proportionate to the size of the controversy, and enforced by an ELA arbitrator.

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