AIJA Congress: Working Session 7

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Choosing your Battleground: the law and practice of dispute resolution clauses

In this joint Working Session of the Litigation and the International Arbitration Commissions, we will examine the selection, drafting, interpretation and eff ect of dispute resolution clauses in international contexts, both at the time the contracts are agreed and when the disputes break out. We will also analyse complex dispute resolution provisions: do our legal systems recognise and enforce unilateral arbitration/litigation clauses, expert determination and other contractually binding dispute resolution processes and dispute escalation and compulsory ADR provisions? High profi le external speakers and the National Reporters will lead discussions on both the legal theory and commercial factors that infl uence the choice of such clauses.

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