This practice note provides guidance on selecting appropriate choice of law clauses in international agreements, emphasizing the importance of neutrality, predictability, and enforceability. Its objective is to help parties draft clear, effective provisions that align with industry norms and dispute resolution strategies.
This practice note explains why New York and Delaware law are most commonly selected as governing law in international commercial agreements involving U.S. parties, emphasizing their predictability, neutrality, and well‑developed legal frameworks. It highlights the strategic considerations for foreign companies when choosing between these jurisdictions, including enforceability, investor expectations, and sector‑specific needs.
This practice note examines how European choice of law provisions operate in international contracts, with a focus on the Rome I Regulation and its impact on party autonomy, default rules, and mandatory protections. It highlights key differences among European jurisdictions and offers practical guidance for negotiators seeking predictability and enforceability in cross-border agreements.
This practice note explains that in international agreements involving Asian and Far Eastern counterparties, parties often choose English, Singapore, or Hong Kong law for their neutrality, predictability, and strong dispute resolution frameworks. Local laws (such as Chinese, Japanese, or Korean law) are selected mainly when regulatory compliance or domestic enforcement is critical, while English, Singapore, and Hong Kong law are preferred for commercial clarity and regional enforceability.
This practice note compares common law and civil law systems, highlighting how their differences impact international agreements, especially intellectual property licence arrangements. It concludes that common law jurisdictions are generally preferred for cross-border IP deals due to their predictability, flexibility, and strong enforcement mechanisms, while civil law systems may be chosen for regional familiarity or cost efficiency.
This practice note explores best practices for selecting dispute resolution mechanisms in contracts, comparing negotiation, mediation, arbitration, litigation, and hybrid approaches. It highlights key considerations such as enforceability, confidentiality, cost, and relationship preservation, offering practical guidance for clause drafting.
This practice note explores the suitability of various dispute resolution mechanisms across different industries and contract types, highlighting their advantages, limitations, and strategic considerations. It aims to guide professionals in selecting the most effective methods tailored to specific contractual and industry contexts.
This practice note guides businesses in selecting the most suitable arbitration options for resolving commercial disputes. It highlights key factors to consider, such as the seat of arbitration, cost, speed, enforceability, and the experience of the chosen institution.
This practice note provides an overview of the world’s leading venues for international arbitration, examining their legal frameworks, institutional support, and strategic factors influencing venue selection. It aims to help practitioners, in-house counsel, and parties to international contracts understand the nuances of different arbitration jurisdictions for effective cross-border dispute resolution.
This practice note examines South Africa’s international arbitration regime under the International Arbitration Act 2017, focusing on its alignment with the UNCITRAL Model Law, the role of domestic courts, and the development of key institutions such as AFSA. It further situates South Africa within the global arbitration landscape by comparing its legal framework, institutional strength, and practical advantages with established seats including London, Singapore, and Switzerland, with particular emphasis on its role as a regional hub for African disputes.
This practice note outlines a structured dispute resolution framework specifically designed for disputes between affiliated companies within a corporate group. It focuses on mechanisms that promote efficient, confidential, and relationship preserving resolution through internal escalation, mediation, and arbitration rather than adversarial litigation.
This practice note explores the concept of dual legal systems in cross-border contracts, explaining how two different jurisdictions’ laws can govern a single agreement. It discusses the practical uses, legal implications, risks, and alternatives to such arrangements.
This practice note explores the essential principles for drafting effective dispute resolution clauses in commercial contracts, focusing on clarity, fairness, and enforceability. It also provides practical guidance tailored for complex cross-border deals.
This practice note explores the principles and practical considerations regarding the number of arbitrators in commercial arbitration. It covers party autonomy, default institutional rules, multi-party arbitration complexities, and the trade-offs involved.
This practice note explores the key implications of selecting international trade law as the governing framework for cross-border contracts, highlighting its benefits, limitations, and practical considerations. It provides a comparative analysis with domestic law and outlines risks and trade-offs involved.
This practice note addresses the scope of arbitration challenges and enforcement issues when sanctions affect international contracts. It highlights key risks and drafting strategies to mitigate sanctions-related disruptions in arbitration proceedings.
This practice note explores the concept of connected dispute clauses in contracts, focusing on their purpose, contexts where they are required, benefits, risks, and practical guidance. It highlights their importance in complex multi-contract and cross-border transactions, especially in sectors like energy and infrastructure.
This practice note explores the use of Expert Determination as an alternative dispute resolution method for resolving technical and valuation disputes in contracts. It outlines the process, advantages, risks, and practical applications, particularly in cross-border and technology-related agreements.
Digital and online arbitration is transforming dispute resolution by leveraging technology to enhance efficiency, accessibility, and cost-effectiveness. This practice note focuses on the key opportunities and challenges arising from digital arbitration, emphasizing the need to balance innovation with fairness, security, and enforceability.
This practice note outlines the key steps and practical considerations involved in enforcing arbitral awards internationally under the New York Convention (1958). It highlights the advantages of arbitration enforcement compared to foreign court judgments and provides a comparative overview.
This practice note explores the mechanisms available for resolving urgent disputes arising from international Non-Disclosure Agreements (NDAs), focusing on emergency arbitration and related interim relief options. It outlines best practices, risks, and comparative advantages of various dispute resolution methods.