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In this episode, Rachel Howie and James Langley, are joined by Dr. Peter Bekker of Dentons' New York office to discuss avoiding defective arbitration clauses in international contracts. They examine the essential elements of effective arbitration clauses, including exclusivity, scope of disputes, and applicable arbitration rules, as well as highly recommended provisions such as the seat, language, and governing law. The discussion also covers facultative elements like multi-tier clauses, confidentiality, and document production. Peter shares insights on sole-option or asymmetrical clauses, and potential drafting pitfalls, offering practical guidance for drafting enforceable and effective arbitration agreements.
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