In many negotiations, the parties spend weeks discussing the commercial aspects of the contract and only a few minutes on the dispute resolution clause.
That can be one of the most costly mistakes in the entire transaction.
Our Practical Guide to Dispute Resolution Clauses in Ecuador explains why these clauses should be treated as a strategic tool rather than a mere contractual formality.
The guide addresses key issues such as:
- The identity of the parties.
- Bargaining power.
- The nature of the transaction.
- The choice between courts and arbitration.
- The applicable law.
- The seat of the dispute.
- Costs.
- The enforcement of decisions.
In addition, it provides practical strategies for drafting dispute resolution clauses from both an offensive and a defensive perspective, and includes model clauses for court litigation, domestic arbitration, and international arbitration.
Download the guide in Spanish Here.