The inclusion of Alternative Dispute Resolution (ADR) clauses in most agreements in a globalised market is hardly discordant due to the increasing popularity of such mechanisms. However, most arbitration disputes deal with contentions involving such clauses and this is the reason that the phraseology, purpose and position of these clauses are of […]
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With arbitration being increasingly preferred to resolve commercial disputes, third-party funding [‘TPF’] has become a widely debated concept as a possible remedy for the excessive costs attached to the arbitral process. The costs in an arbitral process generally include fees of the arbitrators, expert fees, fees of the counsel, institutional fees, security costs, and other legal costs. However, unlike litigation […]
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A unilateral option clause (UOC) is a dispute resolution clause which gives only one party the discretion to elect a specific dispute resolution method – most often, between arbitration and litigation. Some UOCs also allow one party to pursue litigation in multiple jurisdictions, while restraining […]
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