Disputes Over Dispute Resolution Clauses – How to Avoid ‘Commercial Nonsense’

It is not uncommon, and is perhaps understandable, that when negotiating a contract the parties tend to focus on the commercial opportunities rather than what will happen if things go wrong. When drafting a contract, it is tempting to adopt the boilerplate dispute resolution clause at hand. However, a poorly drafted clause will do little to solve issues and may actually become the cause of further time consuming and costly dispute.

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