We all know about arbitration as a great alternative to litigation of disputes arising out of international contracts. However, it is very often that parties negotiate the arbitration clauses at the very last moment, "after midnight", hence the name "midnight clause". This is where everything may go sour, and the magic of arbitration may fail, turning your carriage into a pumpkin. How to avoid this?
During the event we discussed:
- Can your matter be submitted to arbitration? Understanding the arbitrability of disputes
- How to draft a fail-proof arbitration clause. Benefits and risks of complex, multi-tiered and asymmetrical arbitration clauses
- AAA, ICAC, ICC, JAMS, LCIA, SCC, VIAC... What are these incantations? What really matters when choosing the arbitral institution?
- What is the difference between the place and venue of arbitration, and why does it matter?
- May the enforcement be with you: anticipating the most important part of your dispute. Transfiguration of the tribunal's decision from paper to money
Speaker:
Nick Yurlov, Counsel, Marchenko Partners. Nick Yurlov is a Counsel in Disputes Practice. He focuses on public international law and international dispute resolution. Nick represents clients in international investment and commercial arbitration, cross-border litigation, and settlement negotiations.
