Product details

Publisher: 
Carswell
Practice area: 
Alternative dispute resolution
Jurisdiction: 
General
Publication date: 
2001-01-03
Carswell

Drafting ADR and Arbitration Clauses for Commercial Contracts: A Solicitor's Manual (Print & ProView)

Author: Wendy Earle
Availability: Partial Stock

With the growth in popularity of Alternative Dispute Resolution (ADR), including arbitration, the counsel is expected to know the litigation consequences of the ADR/ arbitration clauses that they draft.

Without knowledge of the ramifications of how an ADR/ arbitration clause is drafted, counsel may unwittingly agree to clauses that are ill-served to meet their clients' needs, more costly and onerous than traditional litigation, and sometimes simply unworkable. This book provides, to counsel drafting a commercial agreement, all the tools and information necessary to design and draft an effective ADR/ arbitration clause that accomplishes the intentions and desires of the parties who have chosen ADR/ arbitration to resolve their disputes.

It canvasses the various forms of ADR, including ones on the cutting edge, such as "collaboration" and "cybersettle.com". It considers some of the pitfalls and dangers in poorly drafted clauses, which only become apparent when the ADR/ arbitration process is underway.

Issues specific to ADR/ arbitration clauses in commercial agreements that are addressed include:

  • Rent renewals
  • Shareholder agreements
  • Options to purchase land
  • Agreements involving parties outside Canada

This book also features appendices containing numerous precedent arbitrations, mediation, and different types of ADR clauses, as well as summaries of the procedural rules of the major arbitration institutions and legislation governing arbitrations in place across Canada.

About Thomson Reuters ProView

ProView is the way to read Thomson Reuters eBooks and eLooseleafs, published primarily for legal, accounting, human resources, and tax professions. You can download the ProView app at no cost for your tablet or computer, or sign in to the cloud-based version. Synced to the cloud, ProView lets you switch devices while keeping place in your research. You can also access your downloaded eBooks offline, and any notes you take will be saved and synced the next time you connect.

Carswell

Drafting ADR and Arbitration Clauses for Commercial Contracts: A Solicitor's Manual (Print & ProView)

Author: Wendy Earle
Availability: Partial Stock

Description

With the growth in popularity of Alternative Dispute Resolution (ADR), including arbitration, the counsel is expected to know the litigation consequences of the ADR/ arbitration clauses that they draft.

Without knowledge of the ramifications of how an ADR/ arbitration clause is drafted, counsel may unwittingly agree to clauses that are ill-served to meet their clients' needs, more costly and onerous than traditional litigation, and sometimes simply unworkable. This book provides, to counsel drafting a commercial agreement, all the tools and information necessary to design and draft an effective ADR/ arbitration clause that accomplishes the intentions and desires of the parties who have chosen ADR/ arbitration to resolve their disputes.

It canvasses the various forms of ADR, including ones on the cutting edge, such as "collaboration" and "cybersettle.com". It considers some of the pitfalls and dangers in poorly drafted clauses, which only become apparent when the ADR/ arbitration process is underway.

Issues specific to ADR/ arbitration clauses in commercial agreements that are addressed include:

  • Rent renewals
  • Shareholder agreements
  • Options to purchase land
  • Agreements involving parties outside Canada

This book also features appendices containing numerous precedent arbitrations, mediation, and different types of ADR clauses, as well as summaries of the procedural rules of the major arbitration institutions and legislation governing arbitrations in place across Canada.

About Thomson Reuters ProView

ProView is the way to read Thomson Reuters eBooks and eLooseleafs, published primarily for legal, accounting, human resources, and tax professions. You can download the ProView app at no cost for your tablet or computer, or sign in to the cloud-based version. Synced to the cloud, ProView lets you switch devices while keeping place in your research. You can also access your downloaded eBooks offline, and any notes you take will be saved and synced the next time you connect.