2 Unique Takes On Jury Waiver Clauses

Law360, New York (March 3, 2011, 5:11 PM EST) -- Risk-averse parties often look for ways to avoid jury trials in disputes arising out of commercial contracts. The concern is that juries can be unpredictable and jury trials generally take longer than bench trials. The additional time, cost and unpredictability add risk to any dispute. Further, juries’ sympathy for individuals litigating against institutions often works to the institution’s disadvantage.

To avoid jury trials, parties often contractually agree — before any dispute arises — to waive their right to a jury trial.[1] The Seventh Amendment of the...
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