‘Home Country’ Arbitration Clauses — Worth The Trouble?
Timothy Nelson, Julie Bédard and Lea Haber KuckFebruary 12, 2018, 1:49 PM EST
Law360 (February 12, 2018, 1:49 PM EST) -- Courts in many countries, including the United States, generally enforce contracts with clauses specifying international arbitration as the preferred avenue for resolving disputes. Accordingly, when drafting such provisions, due consideration must be placed on ensuring that such clauses are drafted to fully reflect the parties’ desires.
In addition to clarifying what kinds of disputes are to be arbitrated and which institutional rules (if any) will govern the proceedings, any agreement between two parties also should identify where the arbitration proceedings are to take place. Many clauses...