Home Field Advantage Provision, Clause

Clause sometimes found in arbitration clauses which provides that arbitration hearings (the venue) will be held in the defendant’s place of business, i.e., the party who initiates arbitral litigation must go to the defendants “field.” Such clauses are popular with smaller companies that would find defending a case at a faraway location expensive. When a home field advantage clause is used, the arbitration clause must also fix the Seat of the Arbitration because otherwise the procedural law of the arbitration might vary with the venue, creating uncertainty.