An explanation of the potential options available when a party fails to comply with a contractual mediation condition precedent to binding dispute resolution and practical tips for properly drafting ...

Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which ...

COVID-19 and the related disruption have resulted in enormous pressure on society and businesses. Material adverse change (“MAC”) 1 clauses in loan agreements present important issues that borrowers ...