Contractual Clauses To Include To Manage A Dispute Before One Actually Arises

• Published date: 14 February 2022
• Law Firm: Giambrone & Partners
• Author: Mr Khizar Arif

In a world where globalisation has become straightforward, the opportunities for commerce across national borders have exponentially increased in the past decade or so.

Inevitably the frequency and scope of cross-border commercial disputes have also increased commensurately. For savvy, modern commercial companies it has become more important than ever to understand the nuances when dealing with cross-border commercial contracts for many reasons, not the least, in order to preserve the right to pursue a claim, should the need arise. Here are some things to be aware of that may affect that right.

Contractual clauses

It is vital that you are advised on which clauses, if any, you should include in your contract particularly to ensure that there is no uncertainty regarding the pursuit of a claim should a contentious issue rear up. Clauses that facilitate the pursuit of a claim in the manner which best suits you can be drafted and incorporated within the contract to protect your interests.

Jurisdiction clauses

For contracting parties from different jurisdictions, it is important, given the courts' potential to dramatically differ from jurisdiction to...