Lowndes Jordan litigation partner Tim Lindsay has been at the forefront of these policy developments, as a member of the ISDA Arbitration Committee that developed ISDA's optional arbitration clauses and published the ISDA Arbitration Guide, a member of the London Arbitration Club Financial Branch and contributor to the work of P.R.I.M.E. Finance. . Careful drafting of arbitration agreements is critical Planning for disputes at the time of contracting is essential to managing the risks associated with any contract or transaction, as well as ensuring any disputes that arise are dealt with efficiently. The Report, the ISDA Arbitration Guide and the work of P.R.I.M.E. Finance and the London Arbitration Club provide an excellent toolbox for in-house counsel at banks and financial institutions in assessing whether arbitration is the appropriate form of dispute resolution for
any given transaction. However, in each case careful drafting of arbitration agreements is critical. Particular care is required around complexities common to domestic and international banking and finance, such as expertise and appointment of the arbitral tribunal, multi-party and multi-contract scenarios, joinder of third parties, consolidation of disputes arising under related financing documents (e.g., loans, swaps, guarantees), emergency arbitrator powers and interim relief, dispositive motions and summary judgment, confidentiality, costs, appellate procedures, etc. Whilst receiving advice on these matters can be critical to the enforcement of rights, it often only takes a quick phone call or email to ensure an arbitration agreement is drafted correctly.
About the Author
Lowndes Jordan litigation partner Timothy Lindsay is a member of the ICC Task Force on Financial Institutions and Arbitration and led the Sovereign Finance work stream. He is a member of the ISDA Arbitration Committee and the Financial Sector branch of the London Arbitration Club.
To learn more abour Tim, visit Lowndes Jordan's website.