Across industries and jurisdictions, one particular challenge corporate counsel face on a consistent basis: when an employee, vendor, or party to an agreement tries to circumvent a seemingly iron clad arbitration agreement.  Often, a disgruntled party (or non-party) to an agreement that contains an arbitration clause will seek to bring its claims in non-arbitration forums that it perceives to be more favorable (typically, United States courts).

It’s a familiar scenario: counsel spend hours drafting a contract or agreement, attempting to anticipate all possible scenarios, and developing a deal package and suite of agreements related to a critical transaction.   The dispute resolution clause appears straightforward and airtight.  Then, out of the blue, the company is slammed with claims in an unfavorable forum.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]