Risk Essentials: Dispute resolution clauses - more care, less abandon

Poorly drafted dispute provisions not only fail the primary objective of directing disputes into the agreed forum but can also add a layer of dispute before the real dispute resolution starts.

In this session our speakers, Jeremy Mash and Damian Watkin, both Partners in our Disputes team, will dissect key components of a well drafted dispute resolution clause. They will analyse how paying due care will heighten the prospects of parties’ disagreements being resolved and their contractual rights and obligations being successfully enforced.

Jeremy and Damian will discuss:

• Choice of law – substantive and procedural law, scope of clauses
• Escalation clauses – negotiation, mediation and choice of forum
• Jurisdiction – choosing a forum, exclusive and non-exclusive jurisdiction, effective clauses in the post-Brexit world.
• Arbitration agreements - essential ingredients, common pitfalls, pathological ‘champagne’ clauses, and best practice drafting techniques.