Contracting with Foreign Parties and Cross-Border Dispute Resolution
Ms. Koh Swee Yen discussed about the inclusion of arbitration clauses in contracts without the parties truly appreciating and understanding what the process entails, and how the process could be managed and tailored to fit the parties’ needs. Particular emphasis was placed on the choice of arbitral institution, arbitrator, and seat, followed by a cost-benefit analysis of arbitration as a mode of dispute resolution.