Exit and enforcement
Dispute resolution
Commercial terms are worth nothing if you cannot enforce them. The dispute resolution clause decides where, how, and under whose law a dispute is resolved - and three separate choices (governing law, jurisdiction, and arbitration vs litigation) must each be made deliberately. Get them wrong and you face an inconvenient forum, the wrong rules, or an unenforceable judgment.
Pillar guide
Dispute resolution clauses: governing law, jurisdiction, and arbitration.
Commercial terms are worth nothing if you cannot enforce them. The dispute resolution clause decides where, how, and under whose law a dispute is resolved - and three separate choices (governing law, jurisdiction, and arbitration vs litigation) must each be made deliberately. Get them wrong and you face an inconvenient forum, the wrong rules, or an unenforceable judgment.
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All dispute resolution guides.
Start with the main guide or open the specific clause question you need.
The three separate choices - governing law, jurisdiction, and arbitration vs litigation - how they interact, and why enforcement drives the design.
Governing law clausesWhy party autonomy lets you choose almost any national law, why it must be a national system, what happens without a choice, and the mandatory-rule limits.
Jurisdiction clausesWhy exclusivity matters for anti-suit and enforcement, how the Hague conventions apply, when asymmetric clauses work, and the anti-suit revival.
Law governing the arbitration agreementWhy the arbitration agreement has its own governing law, how the Arbitration Act 2025 reverses Enka v Chubb, and why to state it expressly.
Arbitration seat vs venueWhy the seat (not the venue) sets the procedural law and supervisory courts, how Section 69 appeals work, and how the institutions differ.
Arbitration vs litigationWhen arbitration beats litigation and when it does not - enforcement, confidentiality, joinder, appeals, summary judgment - plus sector norms.
Drafting arbitration clausesHow to draft an arbitration clause that works - model clauses, avoiding pathological defects, multi-tier and hybrid options, and interim-relief carve-outs.
Who is bound by an arbitration agreement?Why guarantors are not automatically bound, why assignees usually are, and why English law rejects the group of companies doctrine.
Product demo
Know the rule. Then inspect what changed in the document.
Watch Claude compare negotiation drafts and create a separate Word document with proposed tracked changes.