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Chicago International Dispute Resolution Association
ALTERNATIVE
DISPUTE RESOLUTION 2001 EDITION
published by the llinois Institute for Continuing Legal Education
CHAPTER 23: INTERNATIONAL ARBITRATION AND MEDIATION
© 2001 by Stephen E. Smith
III. Drafting the International Arbitration Agreement
K. [23.17] Jurisdictional Defenses, Waiver, Jury Waiver
These provisions amount to an irrevocable nonexclusive submission to the jurisdiction of a certain court and the waiver of a jury trial on a money claim.
L. [23.18] Language
This seemingly tautological provision reminds the drafter to include the language in which the arbitration is to take place, regardless of its geographical seat.
M. [23.19] Limitations Periods
It may be useful to the parties to know that, after a certain period of time has passed, any claim regarding the contract is time-barred. If the element of time is important to the relationship between the parties, the agreement should include such a time-related provision.
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Peter V. Baugher,
President
One South Wacker Drive, Suite 2800, Chicago, IL 60606 USA
312-409-1373 (Telephone), 312-701-9335 (Facsimile),