There has long been a debate about how dispute
clauses in Asia should be drafted, with options ranging from
arbitration to local litigation.
To maximise enforceability, speakers at IFLR’s Asia M&A Forum agreed that
special consideration is needed for deals involving
Asia’s cross-border businesses, which span
countries with different legal systems and stages of
"What kind of dispute clause is appropriate will depend on
the circumstances of the particular transaction or matter,"
said Neil Hyman, partner at Slaughter and May in Hong Kong.