This session, Boilerplate Under the Microscope – A Litigator’s Perspective, will provide a practical and interactive look at some commonly used boilerplate provisions that can heavily impact the outcome and cost of commercial disputes. Over breakfast, our litigators will guide you through real-world scenarios and share their insights on factors to take into account when drafting, negotiating and interpreting these clauses.
We will explore:
- The challenges and opportunities presented by compulsory mediation and arbitration clauses;
- The pros and cons of exclusive, non-exclusive, and asymmetric jurisdiction clauses (including in light of judgment enforceability considerations under the Hague 2005 and 2019 conventions); and
- The potential repercussions of excluding indirect or consequential loss and how these exclusions might interact with indemnities.
Lastly, attendees will have the opportunity to put questions to our disputes team in an open Q&A.