Critical Dispute Clauses in Times of Volatility and Disruption
In these challenging times, when markets swing wildly and many courts are effectively closed, it is important to remember that your contractual relationships, including the economic and other assumptions underlying them, may change in the blink of an eye. Disputes often follow. When they do, the most critical agreement clauses often relate not to the business terms, but rather to who will decide the dispute, where it will be decided, under what law and what procedure, how much it will all cost, and who will be responsible for payment. What in the past may have been mere “boilerplate” copied and pasted from decades-old deals now requires fresh attention.
This program, by a transactional lawyer and a litigator and arbitrator, will discuss key considerations in choosing arbitration or court, venue, governing law, attorneys’ fees, and other clauses that often dictate whether a dispute will be resolved favorably and even whether it will arise at all.