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When reducing a cross-border deal to writing, think about international arbitration and dispute resolution. It’s the best time to control a future dispute and, in fact, it does show commitment to the deal. Here are at least six key elements to consider. Incorporating ADR mechanisms. Executive negotiation or mediation helps resolve disputes early. Institutional arbitration versus ad hoc. Incorporating a recognized institution’s set of rules enhances the case administration, especially before constitution of the tribunal and the enforceability of the resulting award. The more specific you get on who will serve as your arbitrator, the harder it will be to find him or her. Defining the place of arbitration determines the national law governing the arbitration procedure. Determining the language of arbitration ensures your understanding and better making your case. When drafting the clause, take advantage of agreeing on as much of the procedure, especially permissible discovery, as you...
