Dispute Resolution provision and choice of law provision draft

User Generated

shgobyyreb

Business Finance

Description

Your client, Research Professionals, Inc. (“RPI”), a New York-based company, provides market research services to corporate clients located around the world. Most of its projects are based in the United States and are for long-term clients. When a client hires RPI, the client and RPI enter into a Market Research Agreement (the “Agreement”) that details the scope of the project and the timeline for completion of the project. The client pays RPI upon completed portions of the project, but if the project becomes delayed because of the client’s unresponsiveness, then payments will be due according to the projected timeline in the Agreement.

Based on the above information, draft a dispute resolution provision and choice of law provision that you think would suit RPI’s needs best. You can use as a model any forms in the book, student materials to the book, or any other forms you find. Please briefly explain the reasons behind your choice of dispute resolution provision.

User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

Attached.

Running head: DISPUTE RESOLUTION & CHOICE OF LAW PROVISIONS

Dispute Resolution & Choice of Law Provisions

Student’s Name

Institutional Affiliation

Date

1

DISPUTE RESOLUTION & CHOICE OF LAW PROVISIONS
Dispute Resolution & Choice of Law Provisions
Introduction
In their article, Darowski and colleagues (2018) posit that parties in commercial ventures
work together and are always positive that their contractual agreements and relationship will and
ensure that they attain mutual benefits. As such, they may find it unnecessary and waste of time
planning on what they will do if things turn contrary to the agreement later. However, disputes
may occur in the execution of the agreement, especially when one of the parties breaches
contractual provisions. Again, parties to a contractual dispute may also argue over the choice of
law provision that they will subject their conflict or apply to their agreements in the contracts. As
such, it is essential for the involved parties to think about alternative dispute resolution
provisions and choice of law provision. In this case study about Research Professional Inc. based
in New York, the paper drafts a dispute resolution provision and choice of law provision that
meets the needs of the organization in the best way.
Drafted Dispute Resolution Provision
Mindful of the expensive nature of litigation based on the costs as well as time and other
resources, RPI and its client intend to and do hereby create an alternative dispute resolution
mechanism; international arbitration. The procedure will be followed in the event that any
controversy or dispute that will arise out of, or in relation to this contract or relating to any
change orders or any other changes or addendums to this agreement.
In the event that a dispute develops between the parties to this contractual agreement,
they will submit to the escalation provision and start by submitting to mediation to tackle any
controversy or any claim related to the contract or any other changes or addendums to this
agreement. Before beginning the mediation process, the parties will agree on any disputed items

2

DISPUTE RESOLUTION & CHOIC...


Anonymous
Really helped me to better understand my coursework. Super recommended.

Studypool
4.7
Indeed
4.5
Sitejabber
4.4

Related Tags