Baker McKenzie observe that, based on independent research, 1 in 3 dispute resolution clauses in contracts are found to be unfit for purpose. The firm has developed the “Disputes Clause Finder”, which provides users with individually tailored choice-of-court or arbitration clauses in just a few steps, whereby after answering a few questions, clients can use the tool to help them identify the dispute resolution clause that best fits their needs.
The program requires the user to provide the following basic information:
- the number of parties to the contract;
- the location of each of the parties;
- the preferred language of the proceedings;
- the governing law of the contract;
And then recommends the form of dispute resolution – litigation or arbitration.
Having selected arbitration as the preferred form of dispute resolution, the program then requests the following information:
- the number of arbitrators to hear any dispute;
- the seat of arbitration;
- whether expedited procedures are to apply;
And then provides a selection of clause for insertion.
