Arbitration Clauses in Commercial Contracts: Enforceable or a Trap?
When two businesses sign a contract, they rarely think about what happens if things go wrong. Buried in the boilerplate, an arbitration clause can quietly redirect any future dispute away from the courts and into a private process governed by a different set of rules. Sometimes that works in both parties’ favour. Sometimes it does […]
Memorandum of Understanding: Binding and enforceable or not?
There is a common misconception that MOUs are always non-binding. MOUs can in fact be binding, non-binding or partly binding and partly non-binding, it all depends on the intention of the parties and the exact wording of the MOU. But uncertainty is rarely a good thing in the context of legal documentation and a poorly […]