Drafting Arbitration Clauses for Cross-Border Transactions
What type of dispute resolution provision to include in cross-border commercial contracts can be a difficult issue given the multiple jurisdictions involved and the often complex nature of the transactions. This LIVE webcast will help you understand the relevant considerations for determining whether to include an arbitration clause and how to draft a proper one if arbitration is chosen.
- The Relative Benefits and Disadvantages of Arbitration
- The Mandatory Components of an Arbitration Clause
- Optional Issues to Address in the Arbitration Clause
- Complexities that Arise in Multi-party and Multi-contract Scenarios
- Key Topics, Trends and Developments in 2018
Inna Rozenberg, Senior Attorney
Cleary Gottlieb Steen & Hamilton LLP
Jeffery Daar, Partner
Daar & Newman
Sanjeev Kapoor, Partner
Khaitan & Co
- Arbitration versus litigation for cross-border transactions
- Strategies for dispute resolution provisions in cross-border transactions
- Assessment of likelihood of enforceability of an arbitral award (including the pro-enforcement approach of the jurisdiction where the award is likely to be enforced) and alternative remedies
Components of an arbitration clause
- Guidelines and standard clauses
- Elements that must be addressed, including:
- choice of seat and governing law of arbitration, depending on parties involved
- whether institutional or ad hoc arbitration would be better suited
- Additional provisions to consider, including multi-party and multi-contract scenarios
Who Should Attend:
- In-house and Outside Counsel
- International Arbitrators
- Arbitration Attorneys
- Compliance Officers
- Other related/interested Professionals and Organization
Inna Rozenberg is a senior attorney in the New York office of Cleary Gottlieb Steen & Hamilton LLP. Her practice focuses on international arbitration and complex commercial litigation. She also has extensive experience in proceedings to enforce arbitration awards and advising on drafting arbitration clauses.
Her publications include “Jurisdictional and Forum Requirements for ICSID Award Recognition against Foreign Sovereigns” (Mealey’s, November 2017), “CFPB Issues Final Rule on Arbitration Agreements in Financial Products and Services Contracts” (The Banking Law Journal, October 2017), and “Tackling Class Action Waivers in Arbitration Clauses” (New York Law Journal, June 2012).
Ms. Rozenberg received a B.A. from Yale University, cum laude, and a J.D. from the New York University School of Law, magna cum laude. She also served as a law clerk to the Honorable M. Blane Michael of the Fourth Circuit Court of Appeals.
Inna Rozenberg is a senior attorney in the New York office of Cleary Gottlieb Steen & Hamilton LLP. Her practice …
Jeffery Daar is a principal of the law firm Daar & Newman in Los Angeles, USA. The firm is a long established general practice law firm dedicated to providing the highest quality of representation to its clients, including acting as a gateway for international business both inbound to and outbound from the U.S.
Mr. Daar’s expertise includes strategic planning, complex state and federal litigation, innovative dispute resolution, and international transactions and disputes. His practice focuses on both litigation and transactional projects. Mr. Daar’s extensive litigation background gives him added insight into structuring transactions for clients along with his entrepreneurial approach to problem-solving and dispute resolution.
He serves as a Commissioner on the Board governing the Los Angeles airports and was Chair of The State Bar of California International Law Section.
Mr. Daar holds a law degree from the University of California, Davis and a bachelor's degree from Claremont McKenna College.
Jeffery Daar is a principal of the law firm Daar & Newman in Los Angeles, USA. The firm is a …
Sanjeev is a Partner in the Dispute Resolution Practice in the New Delhi office. He is a member of the Firm's Executive Committee. With more than 20 years of litigation experience, Sanjeev's practice involves advising clients on various complex and high stakes disputes before various forums and courts including the Supreme Court of India, various State High Courts and domestic and international arbitral tribunals. Rated as a “recommended lawyer” by Chambers and Partners and various other publications, Sanjeev is considered a leading lawyer for commercial dispute work as well as his expertise in advising and representing clients on matters relating to Constitutional law, environmental law and laws relating to energy and infrastructure sectors. Alternative Dispute Resolution before national and international forums has been one of his areas of expertise and forte. He has assisted and appeared before the domestic arbitral tribunals, tribunal constituted under the bilateral investment treaties as well as institutional arbitral tribunals constituted under the ICC, LCIA, SIAC, JAMS, LMAA amongst others and has assimilated an indepth knowledge and understanding of commercial and investment arbitrations covering a vast array of issues. He has also been a Speaker and a panelist in various Conferences and Seminars and is also an avid writer and has written articles for reputed publications.
Sanjeev is a Partner in the Dispute Resolution Practice in the New Delhi office. He is a member of the …
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Method of Presentation:
Basic Knowledge in Arbitration Clauses
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About Cleary Gottlieb Steen & Hamilton LLP
Cleary Gottlieb Steen & Hamilton LLP has been a leader in the legal profession for more than 70 years. Our 1,200 lawyers, who operate in 16 offices in major global financial centers, work together across practices, industries, and jurisdictions to provide clients with clear, actionable approaches to their most complex legal and business challenges. Learn more about us at clearygottlieb.com.
About Daar & Newman
Daar & Newman is a long established firm comprised of dedicated professionals whose work ethic of diligence and perfection is the hallmark of the services they provide to clients. The firm’s accomplished and successful dispute resolution, litigation, corporate and transactional attorneys utilize their vast expertise in a broad range of legal disciplines. Daar & Newman’s creativity, professionalism, skills and reputation are well known in both U.S. and international circles.
Dispute Resolution and Litigation
Daar & Newman is recognized for its innovative dispute resolution and litigation skills in the setting of domestic and international arbitrations and in proceedings in state, federal and appellate courts, including the United States Supreme Court. The firm’s lawyers have substantial experience in many practice areas. The firm has represented domestic and international businesses in cross-border dispute resolution and litigation matters, as well as representing government entities in complex litigation.
Daar & Newman’s transactional attorneys work with clients domestically and internationally on commercial business transactions and to develop, design, organize and form businesses. They have extensive experience in working with international companies and structuring their operations in the United States and in California and in preparing all of the agreements and documentation necessary for their formation, growth and success. Our attorneys provide advice and consultation on international business transactions, including all aspects of international trade and investment.
About Khaitan & Co
Founded in 1911, Khaitan & Co is one of the oldest Indian law firms. It combines a rich heritage of over a hundred years with modern, cutting-edge and solution-oriented legal practice and offers full-service legal solutions to its domestic and international clients. The firm has a strength of over 480 fee-earners, including 104 partners and directors across its four offices in Mumbai, New Delhi, Bengaluru and Kolkata. The firm’s expertise in its practice areas has been widely recognised by various leading international rankings and publications including Chambers and Partners, Legal 500, IFLR 1000 and Asialaw Leading Lawyers. The firm’s practice areas include Banking and finance, Capital markets, Corporate/M&A, Competition/antitrust, Dispute resolution, Energy, infrastructure and resources, Private clients, Funds, Hospitality, Intellectual property, Labour and employment laws, Real estate, Taxation, Technology, media and telecom, and White collar crime. Over the years the firm has attracted and retained some of the best legal talent in India to provide the high-quality legal counsel expected from it across all spheres of commerce and industry. The strategic hiring of partners has resulted in the addition of new practice areas, strengthening of the existing practice areas and also bringing in the best international practices. The firm’s clients include business and financial enterprises, large business houses, banks, financial institutions, private equity funds, government bodies, educational and charitable trusts, cultural institutions, individuals, and estates and trusts from India and overseas.