Drafting Dispute Management Clauses

    Drafting Dispute Management Clauses

    Drafting Dispute Management Clauses

    ISBN: 978-1-60442-971-8
    Product Code: 5070634PDF
    2010, 28 pages

    This PDF product is intended to be a resource for transactional attorneys seeking to ensure that dispute resolution clauses in the contracts they draft meet the reasonable commercial expectations of their clients and add value to the deal.

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    Few commercial transactions are executed without a hitch, and the foresighted business manager will seek to anticipate those contingencies. "Alternative Dispute Resolution" is and continues to be, if well managed, an attractive alternative to traditional litigation. Where else can parties to a dispute choose, well in advance or at the time the dispute arises, the applicable law, procedure, rules, language, service provider, and limitations on discovery, as well as the venue, timing, and ultimately the neutral(s) who will expeditiously hear and decide the matter in a nonpublic forum? Clients often voice dissatisfaction with the quality, cost, delay, and unreliability of commercial dispute resolution processes. Their professional advisors are increasingly expected to anticipate and prevent these problems. An important place to do that is in the contract at the time of the deal. No contract drafter can foresee every change on the ground or every good-faith interpretive disagreement that will occur over the term of the deal. The drafter's challenge, therefore, is to devise processes for the economical management and efficient resolution of unknown and unknowable contingencies. This Guide is intended as a resource for transactional attorneys seeking to ensure that dispute resolution clauses in the contracts they draft meet the reasonable commercial expectations of their clients and add value to the deal. It includes an an exhaustive checklist for the conscientious drafter containing the points to consider in order to manage conflicts that may arise in a client's deal.

    Product Details

    Publishers

    ABA Book Publishing

    ISBN

    978-1-60442-971-8

    Product Code

    5070634PDF

    Publication Date

    4/1/2010 12:00:00 AM

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