Location, Location, Location: Be Careful Where You Start A Legal War
- posted: Sep 15, 2020
Charles and Kiran's latest article for The World Financial Review has been featured as the September/October print editon's cover story. Titled "Location, Location, Location: Be Careful Where You Start A Legal War," the article draws on an important lesson-learning decision issued by the Supreme Court of the United States in June 2020 and offers insights on how the location one chooses to commence a lawsuit against a nonsignatory to a contract with an arbitration clause can have serious tactical and legal implications for all parties involved. It concludes that, before a party decides to declare legal war against another party in circumstances where an arbitration clause has even the remotest chance of being applicable, it must consider every conceivable avenue that the opposing party could use to require the dispute to be resolved through arbitration. This includes consideration of the applicability of legal doctrines existing in the place of any lawsuit to compel or avoid arbitration, which may vary vastly across legal jurisdictions. Read the full article here.