How Recent Developments Affect the Choice between Forum Selection Clauses and Arbitration Agreements

How Recent Developments Affect the Choice between Forum Selection Clauses and Arbitration Agreements

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The article notes recent developments that may affect choice of a dispute resolution provision and in particular changes to legal regimes and institutional regimes making arbitration more popular, the increased complexity of arbitral disputes, the pressure for increased transparency of proceedings and role of third parties in arbitration, and efforts in hand to ensure procedural rules for international arbitration reflect the business environment and parties’ needs and expectations. The wisdom of consulting with experienced counsel is emphasised.