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Special Report on

Drafting an Arbitration Clause

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To include common words (eg "and", "a", "how") use a "+" sign in front of the word, eg +and To return resources that do not contain a term, use a "-" sign in front of the word, eg -Italy Only results that contain all the terms will be returned. To find resources containing either of two terms, use an uppercase OR, eg Spain OR Italy Resource type: Legal update: archive Status: Published on 02-Oct-2009 Jurisdiction: Spain Alejandro López Ortiz (Senior Associate) and Silvia Martínez (Junior Associate), Lovells LLP When parties to a contract submit to arbitration any ...
appointed in accordance with rules the parties themselves have agreed to adopt, usually by including a provision for the same in their contract. The practice of international arbitration has developed so as to allow parties from different legal and cultural backgrounds to resolve their disputes, generally without the formalities of their underlying legal systems.
Evaluating Model Arbitration Clauses
UPDATED: A lot of traffic comes to this post, and I don't like much of this post anymore, so here's an improved excerpt from a recent post on how I would have liked to improve this post. Followed by the original post. If you're drafting an arbitration clause you should first go to the website of the organization that you want to arbitrate under. Then read this document and fill in the holes in the clause from the organization you just got a clause from. That document also has some good tips on building step clauses. This JAMS ADR site also has a bunch of arbitration clauses that will help you build an airtight ... market research, surveys and trends
Managing the Risks of Manufacturing in China – Las Vegas, February ...
On February 28 and 29, I, along with Paul Brogan, Director of Supply QA for Burger King Corporation, will be co-chairing a conference on “Managing the Risks of Manufacturing in China” in Las Vegas. The conference is aimed at quality assurance and product safety officers and legal counsel dealing with product liability and litigation. My presentation will focus on dealing the benefits of arbitration in dealing with China manufacturers, the things to look out for in drafting an arbitration clause with your Chinese manufacturer, and how to serve a Chinese manufacturer when all else fails. The following topics will be discussed: • ... market research, surveys and trends


A Primer on International Arbitration
drafting an arbitration clause, (iii) is approaching or participating in an .... percent of that part of the amount in dispute that exceeds $100 million. ... industry trends, business articles and survey research
To anyone who has been doing trial work for more
liable to the United States for approximately $120 million in response costs at a Superfund site in Tennessee. ... 1.3 percent of the cases, actually reached trial. ..... think about in drafting an arbitration clause. First (and fore- ... industry trends, business articles and survey research
Arbitration clauses: Should you forgo rights for cost savings?
I am drafting contracts for vendors and I want to include an arbitration clause in each to protect myself from litigation. Should I do it?  If I do have an arbitration clause, what should it include? Answer : An arbitration clause can give you a cost-efficient method of resolving disputes.  Because of the finality, though, you’ll want a clear, concise clause that expresses precisely how you want the process to proceed. You’ll also want it to give you some control over the process, the arbitrator’s role and limits to the arbitrator’s power. Contractual arbitration means you are agreeing to forego your right to a court and jury ... market trends, news research and surveys resources
Presently before the Court is Defendants Clay Womack, TIC Capital Markets, Inc., and Direct Capital Securities, Inc.'s Motion to Dismiss Plaintiffs' First Amended Complaint (Doc. #372), filed on March 21, 2010. Plaintiffs filed an Opposition (Doc. #377) on April 23, 2010. Defendants filed a Reply (Doc. #384) on May 6, 2010. Also before the Court is Defendants' fully briefed Motion to Compel Arbitration (Doc. #371), filed on March 21, 2010. The Court conducted a hearing regarding the foregoing motions on June 24, 2010. Plaintiffs are twenty-six separate and independent limited liability companies. (Am. Compl. at ... market trends, news research and surveys resources


DRAFTING AN ARBITRATION CLAUSE Markham Ball International Law ...
DRAFTING AN ARBITRATION CLAUSE. Markham Ball. International Law Institute. 1055 Thomas Jefferson Street, N.W.. Washington, DC 20009. (202) 247-6006 ... technology research, surveys study and trend statistics
         A.    SPECIFIC ISSUES TO CONSIDER IN INVESTMENT CONTRACTS          B.    THE ICSID CONVENTION   I.     INTRODUCTION A.     Description of Arbitration: With the rapid growth and expansion of the world financial and business communities, it is increasingly important for businesses to have an established method of resolving business disputes quickly, efficiently and constructively. When disputes arise in the course of business, parties often prefer to settle them ... technology research, surveys study and trend statistics
Drafting Dispute Resolution Clauses - A Practical Guide
Rules, forms, procedures and guides are subject to periodic change and updating. To ensure that you have the most current information, see our World Wide Web home page at The booklet is intended to assist parties in drafting alternative dispute resolution (ADR) clauses. With that in mind, and in addition to the suggested clauses, the committee compiled a checklist of considerations for the drafter, as well as examples of supplemental language which go beyond the basic clauses. Users will benefit from the commentary throughout the text which helps to identify points of interest. Parties with questions ...
Google Answers: Contract Breach - Arbitration Scope
I need some help interpreting a paragraph from a contract. "Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or any failture to agree where agreement of the parties is necessary to pursuant hereto, including the determination of scope of this Agreement to arbitrate, shall be resolved by the following procedures:" The contract then goes on to list a mediation and then arbitration provision. My questions are as follows: 1.) If breach of contract, tortuous interference, and sexual harrassment claims arise out of this Agreement, are all of these claims governed by the ...
What is the implication of jurisdiction clause in cross-border ...
Each country handles jurisdictional issues differently from others. However, within the EU, each country's courts will (in most circumstances) acknowledge an exclusive jurisdiction clause giving another country's courts jurisdiction over a dispute, and therefore decline to exercise jurisdiction over a case. It's also possible to give non-exclusive jurisdiction, allowing potentially more than one court to have jurisdiction. Outside the EU, the position may be different. In any event, it's necessary to consider the legal and commercial issues on a case-by-case basis. In some cases it may not be in the ...