International Arbitration And Forum Selection Agreements Drafting And Enforcing
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International Arbitration and Forum Selection Agreements
This is an authoritative guide to planning and drafting international arbitration agreements and forum selection clauses. it includes clear, practical explanations of the advantages and disadvantages of different forms of dispute resolution provisions, and detailed discussion of all elements of drafting arbitration and choice-of-court clauses. The primer includes scores of revised model arbitration and forum selection clauses, providing precise wording for use in a wide range of commercial contexts. it is designed for easy reference and use by both general practitioners and specialists. Each model clause is thoroughly annotated, including with reference to relevant scholarship and jurisprudence.
International Arbitration and Forum Selection Agreements, Drafting and Enforcing
Author: Gary B. Born
language: en
Publisher: Kluwer Law International B.V.
Release Date: 2021-03-10
International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis by one of the world’s leading authorities on international arbitration and litigation, this extensively revised and expanded sixth edition provides model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches to reducing the risks inherent in cross-border transactions. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. Key Features include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and practical guidance on drafting international arbitration and forum selection clauses Do's and Don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution Nearly 100 different model provisions Ad hoc versus institutional arbitration clauses Overview of leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Forum selection clauses for national and international courts Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through January 2021 New materials covering international courts and choice-of-law provisions Key reference materials in easy-to-use appendices About the author: Gary B. Born is one of the world’s leading authorities on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, and Asia. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration: Law and Practice (Kluwer Law International 2nd ed. 2016), International Commercial Arbitration: Cases and Materials (Aspen 2nd ed. 2015) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
International Arbitration and Forum Selection Agreements:Planning, Drafting and Enforcing
The heart of every international commercial agreement lies in its provisions for dispute resolution. These crucial terms must be negotiated with meticulous attention to the circumstances under which the ensuing business relationship is expected to grow. Well planned and drafted, these clauses will allow a business agreement to weather even the most serious disputes, and foster mutual confidence and trust between the parties. International Arbitration and Forum Selection Agreements focuses on the core issue that inevitably arises in the planning of international commercial agreements: when to use forum selection clauses and when to mandate arbitration. In this enormously useful primer, Gary B. Born, an outstanding international practitioner and author of several pre-eminent works in international commercial law, leads the business lawyer expertly through the planning and drafting stages of effective forum selection and arbitration clauses. He provides: analysis of the strategic uses of each kind of clause, making it easy for the practitioner to choose which approach to take under each specific set of circumstances sample clauses with numerous variations that allow for all likely contingencies key accompanying provisions relating to costs, consent to service of process, discovery, confidentiality, waivers, interim relief, fast-track procedures, and other important considerations detailed analysis of enforcement under applicable laws, conventions, and treaties a special chapter on choice-of-law clauses (including samples) and their role in dispute resolution. A useful appendix contains texts of the New York Convention and the UNCITRAL Model Law, as well as the Arbitration Rules of the leading arbitral institutions.