Overview
The heart of every international commercial agreement lies in its provisions for dispute resolution. These crucial terms must be negotiated with meticulous attention to the circumstances under which the ensuing business relationship is expected to grow. Well planned and drafted, these clauses will allow a business agreement to weather even the most serious disputes, and foster mutual confidence and trust between the parties.
International Arbitration and Forum Selection Agreements focuses on the core issue that inevitably arises in the planning of international commercial agreements: when to use forum selection clauses and when to mandate arbitration.
In this enormously useful primer, Gary B. Born, an outstanding international practitioner and author of several pre-eminent works in international commercial law, leads the business lawyer expertly through the planning and drafting stages of effective forum selection and arbitration clauses. He provides:
- analysis of the strategic uses of each kind of clause, making it easy for the practitioner to choose which approach to take under each specific set of circumstances
- sample clauses with numerous variations that allow for all likely contingencies key accompanying provisions relating to costs, consent to service of process, discovery, confidentiality, waivers, interim relief, fast-track procedures, and other important considerations
- detailed analysis of enforcement under applicable laws, conventions, and treaties a special chapter on choice-of-law clauses (including samples) and their role in dispute resolution.
A useful appendix contains texts of the New York Convention and the UNCITRAL Model Law, as well as the Arbitration Rules of the leading arbitral institutions.
Synopsis
The heart of every international commercial agreement lies in its provisions for dispute resolution. These crucial terms must be negotiated with meticulous attention to the circumstances under which the ensuing business relationship is expected to grow. Well planned and drafted, these clauses will allow a business agreement to weather even the most serious disputes, and foster mutual confidence and trust between the parties.
International Arbitration and Forum Selection Agreements focuses on the core issue that inevitably arises in the planning of international commercial agreements: when to use forum selection clauses and when to mandate arbitration.
In this enormously useful primer, Gary B. Born, an outstanding international practitioner and author of several pre-eminent works in international commercial law, leads the business lawyer expertly through the planning and drafting stages of effective forum selection and arbitration clauses. He provides:
• analysis of the strategic uses of each kind of clause, making it easy for the practitioner to choose which approach to take under each specific set of circumstances
• sample clauses with numerous variations that allow for all likely contingencies key accompanying provisions relating to costs, consent to service of process, discovery, confidentiality, waivers, interim relief, fast-track procedures, and other important considerations
• detailed analysis of enforcement under applicable laws, conventions, and treaties a special chapter on choice-of-law clauses (including samples) and their role in dispute resolution.
A useful appendix contains texts of the New York Convention and the UNCITRAL Model Law, as well as the Arbitration Rules of the leading arbitral institutions.