The importance of long-term contracts in various industries has grown significantly. These agreements feature an extended duration, exhibit complexity, and establish interconnected reliance between the parties. Long-term contracts often govern relationships in sectors such as mining, telecommunications, and oil and gas, where cooperation over a prolonged period is essential. Given the extended nature of these […]
Arbitration of Shareholder Disputes
Shareholder arbitration is a mechanism that permits parties to resolve shareholder-related disputes. Arbitration of shareholder disputes allows parties to resolve their conflicts outside of courts, using neutral arbitration, in an efficient and confidential way. There is a wide range of disputes that emerge between shareholders and between shareholders and the company, including disputes related to: […]
Asymmetrical Arbitration Clauses
Asymmetrical arbitration clauses are those which afford more rights to one party than to another. For example, whilst a typical symmetrical arbitration agreement would provide that all parties must submit a dispute to arbitration, an asymmetrical clause would give one party the option of choosing between arbitration and litigation whilst binding the others to its […]
Multi-Tiered Dispute Resolution Clauses
Multi-tiered dispute resolution clauses are a common feature of modern arbitration agreements. Typically, these provide that the parties to a contract are precluded from bringing a dispute to arbitration until they have complied with certain prerequisite steps (the so-called “conditions precedent” to arbitration). However, despite their seemingly straightforward character, the enforceability of multi-tiered dispute resolution […]
What to Expect from Arbitration over a Letter of Intent
A Letter of Intent (“LOI”) is a preliminary document that outlines the main terms and conditions of a proposed business deal between parties. It constitutes one of the most significant pre-contractual documents relevant to international arbitration. A Letter of Intent is mainly used in complex transactions such as mergers and acquisitions, joint ventures, etc.[1] A […]