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A good arbitration clause can give your company a strategic advantage in case a dispute arises, while a bad clause can result in years of litigation over the meaning of the clause, before you ever get to the substance of the dispute. In the recently released On Demand Seminar, “Arbitration Clauses: Pros, Cons, and Drafting Tips”, David Zaslowsky, Chairman of the Litigation Department of the New York office of Baker & McKenzie, thoroughly details the relative merits of arbitration vs. litigation.
In the seminar, produced by GlobalBusinessProfessor.com and GlobalAutoIndustry.com, Mr. Zaslowsky educates professionals engaged in international business how to choose between arbitration and litigation when drafting contracts. He identifies the 10 most important issues which should be considered, including enforcement, neutrality, quality of justice, specialized expertise, flexibility, speed and cost, privacy and confidentiality, and finality. Mr. Zaslowsky describes how to draft an effective arbitration clause and he identifies seven elements that should be included in every clause, as well as several optional provisions which can be considered.