Contract Drafting

Artificial Intelligence, Contract Drafting, Corporate disputes, HK Arbitration Week, HKIAC, Hong Kong, Private Equity

, (Davis Polk & Wardwell, Hong Kong Solicitors)/ /Leave a comment

On October 17, the second day of Hong Kong Arbitration Week 2023, Davis Polk hosted a panel discussion entitled “Investor Information Rights: All Bark and No Bite? Managing Their Effectiveness”. The panel considered a hypothetical case study covering the life cycle of an equity investment into a renewable energy company and explored the legal and…

Arbitration, Contract Drafting, Contract Interpretation

(University of Oslo)/ /Leave a comment

On 27 June 2023, a pilot project on contract construction in international arbitration was presented and discussed at the Institute for Forensic Linguistics, Aston University. The project explores to what extent international arbitration ensures that contracts are construed in an autonomous, uniform way. The short answer is: only to a small extent. Admittedly, contracts are…

California, California International Arbitration Week, Contract Drafting, Technology, technology industry

(White & Case LLP), (Chaffetz Lindsey LLP), and (Goldman Ismail Tomaselli Brennan & Baum LLP)/ /Leave a comment

The second annual California International Arbitration Week took place in Los Angeles from March 13 to 17, 2023 with a weeklong series of free in-person and hybrid programs focused on innovation in international arbitration and alternative dispute resolution in California. The Silicon Valley Arbitration & Mediation Center and White & Case jointly presented one of…

Arbitration Agreement, Contract Drafting, Governing Law, Implied Terms, Interpretation of Contracts

(Singapore Management University)/ /Leave a comment

The significance of an arbitration agreement’s proper law cannot be understated, given its importance vis-à-vis the arbitration agreement’s validity and consequent implications on the tribunal’s jurisdiction and the arbitral award’s enforceability. Notwithstanding this, parties rarely specify the arbitration agreement’s proper law – hence the need for a clear legal framework governing its determination. In BNA…

Arbitration Agreement, Best practices, commercial litigation, Contract Drafting, Court of Appeal, Court Proceedings, National Courts, United States

, (Fitch Law Partners)/ /Leave a comment

Arbitration is often used to avoid the messy processes of national litigation, sometimes involving years of appeals and hearings. But when you want to attach property to support your arbitral award, that itself can result in years-long litigation, as in the case of Stemcor USA, Inc. v. Cia Siderurgica Do Para. The delays in the…

Applicable Law, Appointment of arbitrators, Blockchain, Confidentiality, Contract Drafting, New York Convention, Seat of the arbitration

(Shehata & Partners, Maastricht University)/ /2 Comments

This post, which continues the topic considered here and here, discusses the main issues to consider when choosing arbitration to resolve smart contracts disputes, and lists a number of red flags that emerge from a survey of white papers on arbitrating smart contract disputes prepared by the tech community. (1) The Form of Smart Contract…

Blockchain, Contract Drafting

(Shehata & Partners, Maastricht University)/ /Leave a comment

Following up on a previous post, this post provides a number of recommendations for the future landscape of smart contracts. (1) Un-Anonymizing the Identity of the Parties to Smart Contracts: From a purely legal perspective, having a contract entered into by pseudonymous parties raises more than one question. First and foremost, how would one be…

Blockchain, Contract Drafting

(Shehata & Partners, Maastricht University)/ /3 Comments

As described by Max I. Raskin, a blockchain is simply a decentralized ledger for recording digital data in a verified time-stamped manner without the need for a trusted third party. Blockchain technology provides, according to Joseph Bambara, et al., more “security, traceability, and transparency of records…as well as lower operational costs.” In this regard, public blockchains are…

Advocacy, Arbitration, Book Review, Contract Drafting, Risk Management, UNIDROIT Principles of International Commercial Contracts

(Brödermann Jahn)/ /Leave a comment

Released in 2017 in their 4th edition 2016, the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”) provide an ingenious tool for cross-border contract drafting and dispute resolution on neutral ground. This is particularly so if the choice is combined with an arbitration clause, because, pursuant to many arbitration laws, “[t]he arbitral tribunal shall decide…