Skadden Discusses Pros and Cons of Home Country Arbitration Clauses

The CLS Blue Sky Blog

Julie Bédard Lea Haber Kuck Timothy G. Nelson

Partners Julie Bédard, Lea Haber Kuck and Timothy G. Nelson look at venue selection clauses in international arbitration that require disputes to be adjudicated in the defendant's home country. In practice, such clauses may prove cumbersome to administer, as evidenced by the U.S. Court of Appeals for the Eleventh Circuit's 2017 ruling in Bamberger.