Choices, Choices! Court Or Arbitration?

You are at the cusp of closing a successful transaction or a settlement. The parties have agreed to terms and commercials and all that is left is to put pen to paper (or finger to keyboard) and draft the agreement.

Often, when an agreement is drafted, focus is given primarily to the commercial aspects of the transaction, such as the amount of consideration, payment terms, consequences of breach, to name a few. Extra effort and thought are put to nail down specifics to create the perfect clause.

Other clauses, however, do not receive similar attention. Clauses such as amendments, waivers, counterparts, governing law, and jurisdiction, are merely lifted from template agreements and added to the agreement.