Most lending disputes live in documents: the note, the guaranty, the payment history, the default notice. That makes them well suited to documents-only arbitration. But a lender considering an arbitration clause has one non-negotiable question first.
Does the clause preserve foreclosure?
A properly drafted lending clause expressly carves out foreclosure, receivership, and provisional remedies — attachment, injunction, writs of possession — so the lender can pursue them in court, immediately, without waiving the right to arbitrate everything else. If the clause you are reviewing does not say this in terms, it is not drafted for lending.
The Turing Tribunal's lending rider preserves all of these remedies verbatim. Exercising them does not waive arbitration.
What actually gets arbitrated
The disputes that belong in arbitration are the ones that otherwise sit on a court docket for a year or more: whether a default occurred, what the payoff figure is, whether a guarantor is liable, how workout terms apply. Each turns on the documents. A tribunal that reads the record and issues a reasoned award — at The Turing Tribunal, within 14 days of the record closing — converts a year of uncertainty into a line item.
Why speed matters more in lending
A lending dispute is rarely about liability alone; it is about a deteriorating asset, accruing interest, and a borrower relationship that gets worse with time. The typical 12–18 months from filing to award in commercial arbitration 1 is an eternity against a defaulting loan. Flat fees also change the collections calculus: pursuing a $150,000 guaranty makes little sense when institution-side costs commonly exceed $20,000, and every sense at a flat $495 filing fee.
Have your counsel review any clause before it goes into a live loan document. Then it is one paste — and every future dispute under that agreement resolves in weeks.
1. AAA published time-to-award data.