News & Analysis as of

Arbitration Agreements Commercial Contracts Contract Disputes

JAMS

When Arbitration Is Required, Should You Still Try Mediation First?

JAMS on

In commercial and construction contracts, arbitration clauses are now the norm. They appear routinely—tucked into the fine print of everything from service agreements to bylaws to multimillion-dollar joint venture deals....more

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution for Commercial Contracts

JAMS on

Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may...more

K&L Gates LLP

The Commercial Court of England and Wales Outlines Limitations under English law on the Doctrine of Separability in Respect to...

K&L Gates LLP on

The Commercial Court of England and Wales has outlined limitations of the doctrine of “separability,” i.e., the notion that an arbitration agreement within a commercial contract is distinct from the main contract itself, in a...more

Bowditch & Dewey

As COVID-19 Surges, So Too Should the Use of Well-Crafted Contractual Arbitration Clauses

Bowditch & Dewey on

Virtually every aspect of our lives has been disrupted in one way or another as a result of the COVID-19 pandemic and the ensuing economic collapse. While certain of these disruptions have been difficult to predict, at least...more

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