Matthew Ghikas | Fasken The purpose of this bulletin, the seventh in our “Dispute Resolution Clauses – Two Minute Drafting Tips” series, is to provide parties involved in negotiating commercial agreements with quick, actionable tips for crafting effective dispute resolution clauses. This bulletin discusses the pros and cons of multi-tiered/escalating dispute resolution clauses. Multi-tiered dispute… Continue reading Dispute Resolution Clauses – 2 Minute Drafting Tips: Bulletin #7 – The Pros and Cons of Multi-Tiered/Escalating Dispute Resolution Clauses
Tag: Dispute Resolution Clause
US Jury Trials For International Construction Disputes
Zachary Song and Manushi Desai | Steptoe International construction and energy firms operating in the US may be subject to US jury trials which present different strategic considerations for firms that may be accustomed to resolving disputes by international arbitration. On August 6, 2025, the United States District Court for the Eastern District of Michigan in… Continue reading US Jury Trials For International Construction Disputes
The Clause That Can Cost The Most If You Get It Wrong
Erika Levin, Ari Stern and Samantha Kunin | Fox Rothschild Why strategic drafting of dispute resolution clauses is essential in high-stakes dealmaking The most expensive clause in a contract may be the one nobody notices until a substantial disagreement arises — the dispute resolution clause. A poorly chosen forum or process can add years of… Continue reading The Clause That Can Cost The Most If You Get It Wrong
The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View
Geoff Adair, Lindsay Rowell, Alyssa Shivji, Marianne Smith, Randell Trombley and David Tupper | Blake, Cassels & Graydon Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses can help ensure that disputes are resolved in… Continue reading The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View
Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements
Douglas Oles | JAMS Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in crafting the agreements governing such proceedings. Arbitrators constrained by poorly drafted arbitration agreements quickly learn the… Continue reading Mastering the Art of Construction Dispute Resolution Clauses – A Neutral’s Perspective on Drafting ADR Agreements