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The first article in this series introduced the importance of considering the unforeseen consequences of boilerplate terms in commercial agreements. The second article emphasized the need to identify and avoid potential pitfalls associated with specific boilerplate, risk management and allocation terms. This final segment focuses on oft-neglected contractual dispute-resolution mechanisms, such as those relating to arbitration, jurisdiction, venue and choice of law. Often, these mechanisms are addressed by provisions inserted at the end of contracts, frequently lifted from prior agreements without much consideration. While litigation may be a “last resort” and is rarely a priority consideration at the drafting stage, cut-and-paste contract terms may significantly impact the outcome of a dispute and invite disastrous consequences.

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