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2011/09/09


10 Issues to Consider When Drafting an International Arbitration Clause

Formato: Documento pdf| Idioma: Documento en inglés inglés | Tamaño:0.12MB | Tiempo descarga: 0'0''
Autor: Jacob A. Manning
Estados Unidos de América
www.dinslaw.com
Método ADR: Arbitraje

Sumario

Biografía

Often, one of the last clauses to be discussed by the parties to an international contract is the dispute resolution clause. While considerable attention is rightfully paid to the substantive clauses of a contract, parties often include a form arbitration clause instead of carefully drafting a clause that is tailored to the situation.

The parties, of course, may agree to any number of issues that can be resolved by their inclusion in the arbitration clause (some issues related to the procedure, the qualifications of arbitrators, discovery, and the like). However, the following are ten issues that the parties should consider when drafting any arbitration clause.
Jacob Manning advises businesses and individuals in a variety of business transactions, both domestic and cross-border. He drafts and reviews contracts, particularly those involving sales of goods, distributorships, licensing, and other transactions. When clients are negotiating a contract, Jacob also provides advice about payment, including guarantees and letters of credit. Should a dispute arise, he represents clients both before US courts and in arbitration subject to international rules.

As a litigator, Jacob takes time to understand what a client’s goals and needs are and where he fits into their business — whether protecting their rights or ensuring payment for goods or services. He focuses a significant portion of his practice on construction law and represents owners — particularly public entities —contractors, subcontractors, and material suppliers in litigation as well as during contract negotiations. He also represents clients in international transactions and advises companies interested in obtaining trade financing.

Jacob also advises businesses and individuals confronted with commercial fraud. As a member of the UN Commission on International Trade’s Group of Experts on Commercial Fraud, Jacob met with experts from around the world to discuss commercial fraud, and ultimately, he helped draft the “Indicators of Commercial Fraud”, which was produced to educate the Commission’s member states and organizations about fraud. Jacob has also spoken in the United States and abroad about fraud.

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