There is no such thing as a “standard” arbitration clause. Each deal is different and client objectives vary from one transaction to the next. Accordingly, counsel should carefully consider the potential disputes that may arise in a particular transaction and tailor the terms of an arbitration clause to each client’s needs and business objectives. While it is not possible to draft a one-size-fits-all arbitration clause, it is possible to identify key terms to consider and incorporate in most arbitration agreements, including the following:
• Governing law: Defines the potential claims, defenses and relief available. In international transactions, counsel should consider whether the foreign law includes protectionist statutes or limitation of remedies.
This content has been archived.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 Subscriber?
Not a Bloomberg Law Subscriber?
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]