Historically, courts were hostile to pre-dispute arbitration agreements. To address this hostility, Congress enacted the Federal Arbitration Act, 9. U. S. C. §1, et. seq., or FAA, that placed arbitration agreements on the same footing as other contracts. Virginia has its own arbitration act. (See, Va. Code Ann. §§ 8.01-577, et. seq.)

As a commercial real estate lawyer, I understand that my clients often rely on their financial analysts and their projections, forecasts and assumptions to determine whether to invest in a real estate venture. Whether a lawyer or a nonlawyer, it is helpful to understand what real estate investors may look at when evaluating and structuring potential investments and correlating strategies.