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Drafting The Dispute Resolution Clause, Whitmore Gray
Drafting The Dispute Resolution Clause, Whitmore Gray
Book Chapters
Providing in a contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense, this is what a lawyer regularly does in contract drafting-anticipating misunderstandings or problems that experience has indicated are likely to arise, and trying to provide clear solutions in advance. When it comes to drafting a specific clause for the resolution of further disputes that may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on, or draw the other party's attention …
Drafting The Arbitration Clause, Whitmore Gray
Drafting The Arbitration Clause, Whitmore Gray
Book Chapters
Providing in the contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense this is what he or she is doing in general in contract drafting--anticipating misunderstandings or problems which experience indicates are likely to arise, and trying to provide clear answers in advance. When it comes to drafting a specific clause for the resolution of further disputes which may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on or draw the other …