Guidelines for experts (a forgotten alternative for arbitration?)
An all too often underestimated means for settling disputes is the appointment of an expert (or binding advisor). Contract drafters do not see the clear
An all too often underestimated means for settling disputes is the appointment of an expert (or binding advisor). Contract drafters do not see the clear
The no-subcontracting permitted clause is often included by way of a miscellaneous provision. Often not very thoughtfully, since the service provider or seller may probably
A frequently used boilerplate clause is commonly referred to as “further assurances” and addresses the parties’ duty to cooperate in certain aspects. Especially in a
Many contracts opt out of the applicability of the ‘Vienna Convention‘[1]. Most lawyers do this ‘because everyone does’ and many opt out even if it
A properly drafted confidentiality clause also addresses the exceptions, usually four of a kind, sometimes split into five or even six (addressing the same matters);
Lawyers often know what to focus on in drafting and negotiating warranties in M&A transactions. But when they start working as in-house counsel, they need
All arbitration institutes provide for a model arbitration clause, which you are recommended to include in your agreement if you choose that institute. If you
When drafting a dispute resolution provision geared towards arbitration, you might wonder whether you need an arbitration institute and which arbitration provision you should include.
Similar to my previous post, large agreements sometimes include a statement that the obligations referring to a gender are not intended to exclude the other
If you ever assessed whether a corporate action was included in a long list of required approvals between the signing and closing of a transaction
