In a series of articles published online by Corporate Counsel (an ALM-affiliated publication), Locke Lord Partners Ann Ryan Robertson, Derrick Carson and David Harrell provide a comprehensive review of how treating dispute resolution clauses as more than boilerplate documents can add value to clients’ transactions.
Giving thought to issues such as the types of disputes likely to occur, where those disputes will arise, which party is most likely to be claimant and whether the disputes are likely to implicate third parties will assist the drafter in determining the arbitral scheme that best fits the client’s interests and expectations, provided the drafter understands the different options available, the lawyers note in the introduction to the series.
When drafting an arbitration clause, the obvious threshold question is whether the arbitration should be ad hoc or administered by an arbitral institution. That initial decision will determine, in large part, the arbitration procedure to be followed in any future dispute. But the prudent drafter, when making this initial determination, will also consider issues such as joinder and consolidation, arbitrator selection in multiparty disputes, the availability of interim relief and possible appeal. An examination of these issues can ultimately drive the answer to both the threshold question and the secondary one: if institutional, which institution?
The four-part series of articles that follows covers joinder and consolidation, arbitrator selection, the availability of interim relief and possible appeals.
Part 1 Drafting the International Arbitration Clause - July 15, 2015
Part 2 Arbitrator Selection in Multiparty Disputes - July 16, 2015
Part 3 Rules for Appointing an Emergency Arbitrator - July 16, 2015
Part 4 Appealing an International Arbitration Award - July 17, 2015