Navigating International Arbitration — Tips for Drafting Arbitration Clauses and Handling Cross-Border Disputes
Jones Day's Tokyo Office hosted an international arbitration seminar co-sponsored by KLDiscovery titled "Navigating International Arbitration — Tips for Drafting Arbitration Clauses and Handling Cross-Border Disputes." Seasoned arbitration practitioners from Jones Day's Chicago, Dubai/Paris, and Tokyo offices came together to provide practical insights into cross-border arbitration, drawing on perspectives from Japan, the United States, and Europe. Centering on real-world case studies, the program addressed issues that corporate legal professionals and in-house counsel encounter in practice, and featured the following Jones Day lawyers:
Jeremy Cole (Chicago), addressed reasons for choosing arbitration over litigation, including the advantages and limitations of arbitration as a mechanism for resolving international disputes, and delivered practical guidance on attorney-client privilege for legal department employees at Japanese companies engaged in cross-border transactions.
Pierre Heitzmann (Dubai/Paris), addressed key considerations and common pitfalls when drafting arbitration clauses, provided a comparison of the major arbitral institutions, and presented an overview of recent developments in arbitral rules at the ICC and SIAC.
Benjamin Lang (Tokyo), discussed important drafting points for arbitration clauses, including for the wording of selection of arbitral institutions, the seat of arbitration, and governing law, and various procedural requirements.
Shogo Asaji (Tokyo), discussed arbitration of intellectual property disputes, including whether and when to carve-out disputes over infringement and validity, ways to streamline arbitrations for patent/trademark disputes involving intellectual property rights from multiple countries, and specialized IP arbitration institutions.
