We are pleased to announce the launch of Baker McKenzie’s latest legal tech tool, the Disputes Clause Finder. It is now freely available at

www.disputesclause.com

The tool has been developed by our team in Germany – principally Heiko Haller, Peter Stankewitsch, Markus Altenkirch and Tobias Hoefling – and has been enthusiastically received by clients and colleagues alike. Congratulations to the team.

About the Disputes Clause Finder

When it comes to the drafting of a dispute resolution clause at the end of contract negotiations, parties want to spend as little time and effort as possible. Being the last clause that needs to be negotiated and agreed upon before the deal can be signed, dispute resolution clauses are also called “Champagne Clauses”. However, rushing the overall drafting process and the important decisions required to make in its course can easily result in a pathological clause.

Based on independent research, 1 in 3 dispute resolution clauses in contracts are pathological or found to be unfit for purpose. Fixing such unfit dispute resolution clauses can be a waste of time and cost companies almost €100,000. Often, the first two rounds of legal submissions as well as a separate hearing will be devoted to the question of whether the courts or an arbitral tribunal have jurisdiction. Even if the disputes clause is ultimately upheld, it is a waste of time and money that can easily be avoided.

This is why Baker McKenzie has developed the Disputes Clause Finder that provides users with individually tailored choice-of-court or arbitration clauses in just a few steps. By answering a few questions, the tool helps users identify the dispute resolution clause that best fits their needs. The tool takes users by the hand and makes tailor-made recommendations based on the specific circumstances of the individual case. Along the way, the tool explains, e.g., the advantages of three arbitrators versus a sole arbitrator, the suitability of certain arbitral seats, or what to pay attention to when agreeing to expedited proceedings.

Conveniently, the Disputes Clause Finder reduces the parties’ effort and time dealing with the dispute resolution clause to an absolute minimum: It only takes up to 2 minutes to complete the Disputes Clause Finder. The parties will then be provided with a carefully drafted disputes clause which they can implement into their contract immediately.

How to Use

This user-friendly tool can be used in just three easy steps:

  1. Go to www.disputesclause.com
  2. Answer a short set of questions about your contract.
  3. Receive your bespoke dispute resolution clause, ready to insert into your contract.

The tool will be launched to clients and business contacts via email and social media campaigns. It will also be featured on our website. Please feel free to share the Disputes Clause Finder directly with your clients and contacts.