The development of the Marcellus Shale in Pennsylvania and some surrounding states has presented many landowners with newfound wealth. But with the good often comes the bad, and litigation surrounding the extraction is not uncommon. The governing document between the landowner and the lessee is teh lease. As such, it is important for each party to review the lease to ensure the provisions are acceptable. But many landowners, particularly when the development was in its infancy, did not have their leases reviewed by an attorney. And as a result, the leases sometimes included clauses very unfavorable to the landowner. An arbitration clause, depending on the specific details of the provision, can be the vehicle within which these unfavorable terms may be couched.
Zach Morahan, Arbitration and the Marcellus Shale, 4 299 (2012).