Dispute resolution
Arbitration clauses that survive contact with a real dispute
The dispute resolution clause is negotiated last, by people who assume it will never be read. Four drafting decisions determine whether that assumption costs anything.
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Insights
Every piece is signed and dated. None of it is legal advice, and none of it is written to be forwarded — each article answers one question narrowly enough to be useful to somebody actually facing it.
Topics covered
Private funds
Sponsor-led secondaries are now routine, but the conflicts process around them is still assembled in the final fortnight. Investors have noticed.
Intellectual property
A single departing employee is a documents problem. A team is an organizational problem, and the first eleven days decide what can still be proved.
Investigations
The hardest question in an investigation arrives before the facts do: what must be said, to whom, while the company still does not know what happened.
Real estate
Lenders are again asking for a share of realized value instead of margin. The drafting question is where participation ends and control begins.
Employment
The twelve-month covenant that will be argued about is worth less than the six-month covenant that will be observed.
Private client
By the fourth generation, most shareholders have never worked in the company. The governing documents usually assume the opposite.
Corporate
Screening regimes rarely block transactions. They reprice them, by moving the critical path from negotiation to consent sequencing.
A question of your own
Nothing published here is legal advice. If one of these questions is live for your organization, describe it to us in general terms and a partner in the relevant practice will call you.