Don’t miss our VIRTUAL CLE today at 12 p.m.! From Conflict to Consensus: Arbitration in Transactions Arbitration clauses frequently remain an afterthought, often overlooked in the construction of high-stakes agreements. Commonly, standard provisions are inserted into contracts, potentially binding parties to unfavorable outcomes. Given the thousands of commercial arbitrations filed annually, with millions of dollars often at stake, it is prudent to evaluate these clauses when drafting agreements carefully. This includes deciding whether to opt for arbitration or to retain the possibility of litigation. Whether your organization favors arbitration or litigation, we invite you to explore key drafting strategies to mitigate the related risk within your transactions effectively. Topics to be discussed: - Examine prevailing arbitration trends and assess their respective advantages and disadvantages - Analyze types of disputes where arbitration presents a viable solution - Compare the arbitration process with traditional litigation measures - Enhance your understanding of the benefits and drawbacks associated with each dispute resolution mechanism - Offer drafting techniques to refine standard provisions, thereby granting you greater control Presenters: · Mhare Mouradian, Commercial Litigation Partner, Husch Blackwell · Remy P. Fesquet, Corporate and M&A Partner, Husch Blackwell Sponsored by Husch Blackwell Event info: https://lnkd.in/eEUfGCyP #acc #accfamily #accsouthernca #accsocalevents #inhouselawyer #inhousecounsel #corporatecounsel #CLE
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Did you know that part of the CCA Aardvark’s mission is to set the record straight about the advantages that commercial arbitration offers over litigation? In this blog post, the CCA Aardvark, with the assistance of Fellows Neal Eiseman and Richard Silberberg, highlights a principal advantage of commercial arbitration. https://lnkd.in/gBCk29hK
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Did you know that part of the CCA Aardvark’s mission is to set the record straight about the advantages that commercial arbitration offers over litigation? In this blog post, the CCA Aardvark, with the assistance of Fellows Neal Eiseman and Richard Silberberg, highlights a principal advantage of commercial arbitration. https://lnkd.in/gBCk29hK
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I am happy to share the news on my appointment as Europe Head of Litigation and Dispute Resolution. It is an important leadership opportunity to work closely with my fellow partners to further strengthen our dispute resolution and arbitration offering as well as client relationships across Europe. #Dentons #DentonsItalia #litigation #arbitration
Congratulations to Roberto F. Lipari, who has been appointed Head of the Europe Litigation and Dispute Resolution practice. Recognized as a leading litigator by Chambers & Partners and Who’s Who Legal, he represents sovereign entities and corporate clients in corporate, commercial and financial disputes, white-collar and investigation matters, and arbitration. https://lnkd.in/dydkwzmk #litigation #arbitration #europe #leadership #disputeresolution
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Exploring the latest trends and developments in international arbitration and how they could impact the future of dispute resolution, in a roundtable with the Trial & Arbitration Support practice at FTI Consulting — Jamey Johnson, Steve Schwartz, Jeff Isler, and Richard Page. Read our roundtable Q&A in the Oct-Dec 2024 issue of Corporate Disputes Magazine here: https://bit.ly/3TeOfY7
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📢 Revisit our series on drafting effective arbitration clauses! This on-demand webinar, "Drafting Effective Arbitration Clauses," features insights from Willkie Farr & Gallagher, an elite international law firm with over 130 years of history, 13 offices worldwide, and a team of approximately 1,000 lawyers. Learn how to properly incorporate arbitration rules into contracts. Since arbitration is largely based on contractual agreements, it's crucial to ensure the arbitration clause accurately reflects the parties' intentions. Often, this vital element is left to the last minute in commercial transactions. Don’t miss this chance to enhance your understanding of arbitration clauses. Watch the webinar now! 🔗 Watch the Webinar: https://ow.ly/qmbN50SRYES #Arbitration #Webinar #DraftingArbitrationClauses #FSTA #WuKiFarr #Gallagher #LegalExperts #ContractLaw
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In statutory arbitration, consent to arbitrate isn’t based on a direct agreement between parties; instead, it’s established by law. Here’s two ways to “perfect” consent in statutory arbitration (drawing on the principles of Investor-State arbitration): Legislative mandate - The statute itself acts as a substitute for a traditional arbitration agreement, mandating arbitration for specific disputes without requiring individual consent. Implied consent - Parties operating under a statute implicitly accept all its terms, including arbitration, just by engaging in activities governed by that statute. #StatutoryArbitration #DisputeResolution #ConsentInLaw #ArbitrationLaw #LegalFramework #LegislativeMandate #ImpliedConsent #LegalInsight #IndianLaw #ADR #InvestorStateDisputes #InvestorStateArbitration
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Arbitration Alert! Did you know that if multiple interconnected agreements are part of a single commercial transaction, an arbitration clause in ONE of the agreements can be used to refer disputes to arbitration? The courts have held that: - Interconnected agreements are considered a single commercial transaction. - An arbitration clause in one agreement can govern disputes arising from ALL interconnected agreements. This means that even if only one agreement has an arbitration clause, it can still be used to refer disputes to arbitration for all interconnected agreements! #Arbitration #CommercialTransactions #InterconnectedAgreements #ArbitrationClause #DisputeResolution #BusinessLaw #ContractLaw #LawFirm #ArbitrationLawyer
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The 2024 Benchmark Litigation Asia-Pacific rankings and Market Trends Report are live! We are pleased to unveil the latest Benchmark Asia-Pacific rankings after a comprehensive research process. This year, we are thrilled that more firms, practitioners and clients participated than ever before. The rankings provide users of the guide with current and relevant insights into the region’s top litigators and dispute resolution firms. View this year’s rankings on our website HERE http://spr.ly/6048dnyGE
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The 2024 Benchmark Litigation Asia-Pacific rankings and Market Trends Report are live! We are pleased to unveil the latest Benchmark Asia-Pacific rankings after a comprehensive research process. This year, we are thrilled that more firms, practitioners and clients participated than ever before. The rankings provide users of the guide with current and relevant insights into the region’s top litigators and dispute resolution firms. View this year’s rankings on our website HERE http://spr.ly/6041dnybt
Benchmark Litigation Asia-Pacific 2024 Rankings are now live | Benchmark Litigation
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The Overlooked Game-Changer: Understanding the Importance of Arbitration Clause in Contracts When signing contract, whether it's a ₹100 crore business deal, a small transaction, or even a simple lease, it's important to check for one key element: the arbitration clause. Surprisingly, most people often don't realise their contracts include an arbitration clause until a dispute arises. This oversight can be an unexpected surprise later on. An arbitration clause means you can't take the dispute to court at the first instance ; arbitration is your only option. While arbitration has its advantages, you need to at least understand what you're giving up. Additionally, the clause will specify the location of the arbitration, potentially adding travel costs if the arbitration is far from your base. Lastly, once an arbitral award is passed, your ability to challenge it in court is limited as per section 34 of the Arbitration and Conciliation Act, 1996. Always read your contracts thoroughly and be aware of these critical clauses to avoid unexpected complications down the road. #BusinessLaw #CorporateContracts #ArbitrationClause #LegalAdvice #ContractManagement #CorporateCompliance #LegalInsights #StartupLaw #BusinessAgreements #LegalTips #CorporateLawyer #StartupLawyer
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