In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution ...

Parties drafting a contract often see dispute resolution clauses as boilerplate formalities. Other times, a deal team will draft a clause without ever having to experience one tested in anger. A ...

My first job after law school was as an assistant district attorney in Massachusetts. In my first six months on the job, I probably tried more than 50 cases to verdict. However, for each case I tried, ...

Construction projects today involve increasing complexity, leading to more frequent and intricate disputes. To avoid costly litigation and secure a decision-maker with industry expertise, many in the ...

I get it, negotiating how disputes will be resolved when you’re riding the high of forming what you’re both sure will be a mutually profitable commercial relationship is an awkward topic to broach.

Well-drafted dispute resolution provisions can strike a balance between certainty and flexibility, giving parties a clear framework and a practical roadmap when things go awry, while allowing the ...