Editor’s Note: International business professionals can prepare themselves for litigation with this practical On Demand seminar Baker & McKenzie’s David Zaslowsky. The presentation provides a breakdown of how to choose between arbitration or litigation when drafting contracts and identifies the 10 most important issues that should be considered. He also provides a basic sample arbitration clause enforceable by the courts, which can be included in contracts.
Seminar: Arbitration Clauses: Pros, Cons, and Drafting Tips
Presented by: David Zaslowsky, chairman of the litigation department of the New York office of Baker & McKenzie
A good arbitration clause can give your company a strategic advantage in case a dispute arises, while a bad clause can result in years of litigation over the meaning of the clause, before you ever get to the substance of the dispute. In the recently released On Demand Seminar, “Arbitration Clauses: Pros, Cons, and Drafting Tips,” David Zaslowsky, chairman of the litigation department of the New York office of Baker & McKenzie, details the relative merits of arbitration versus litigation. In the seminar, produced by GlobalBusinessProfessor.com and GlobalAutoIndustry.com, Zaslowsky educates professionals engaged in international business how to choose between arbitration and litigation when drafting contracts. He identifies the 10 most important issues which should be considered, including enforcement, neutrality, quality of justice, specialized expertise, flexibility, speed and cost, privacy and confidentiality and finality. Zaslowsky describes how to draft an effective arbitration clause and he identifies seven elements that should be included in every clause, as well as several optional provisions which can be considered.
Zaslowsky acknowledges that on occasion business professionals may be asked, on short notice, to write an arbitration clause, and he provides a basic sample arbitration clause that may be included in contracts and can be relied on confidently to be enforceable by the courts. Finally, Zaslowsky reviews examples of ineffective arbitration clauses and educates professionals on how these clauses could be modified to become enforceable. Click here to watch this On Demand Seminar on arbitration clauses.
Zaslowsky practices in the area of international litigation and arbitration. He has appeared in various Federal and state courts (trial and appellate) throughout the United States and has participated in arbitrations, both inside and outside the United States, before the American Arbitration Association, International Chamber of Commerce, Iran-United States Claims Tribunal, Hong Kong International Arbitration Centre and FINRA, as well as in ad-hoc arbitrations. Zaslowsky has been included, since 2008, in the Chambers USA Guide and Chambers Global Guide for his expertise in International Arbitration. He also is on the roster of arbitrators for the International Centre for Dispute Resolution and American Arbitration. Zaslowsky is a graduate of Yale Law School, and holds a bachelor’s degree in computer and information science from Brooklyn College.
Baker & McKenzie is the original global law firm, bringing to matters the instinctively global perspective and deep market knowledge and insights of more than 12,000 people in 77 offices and 47 countries worldwide. Baker & McKenzie represents 80 percent of the world’s largest companies, advising on more cross-border deals every year than any other firm and is consistently ranked by multinationals as the No. 1 law firm brand globally.
Click here to view the On Demand Seminar.