Monthly Archives: August 2009

My Version of the AAA Standard Arbitration Clause

[Go here for my New York Law Journal article based on this post.] [Revised Aug. 30 7:20 p.m. EDT to reflect comments by Mark and Richard; …

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Posted in Uncategorized | 23 Comments

An Instance of Formula Ambiguity

No one has ever mentioned to me MSCD chapter 13 (Numbers and Formulas) or asked me any questions about it, so evidently the subject isn’t …

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Posted in Uncategorized | 6 Comments

Referring to FedEx and its Competitors

A standard way of giving notice under a contract is by overnight delivery by FedEx or one of its competitors. To articulate this notion, many …

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Posted in Uncategorized | 6 Comments

“Including With Limitation”?

Reader Jason recently posted the following comment to my April 2007 post on including without limitation: I just ran across an instance of including with …

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Posted in Uncategorized | 6 Comments

When to Provide for Indemnification

[Updated January 5, 2011] Now that my summer is officially over … I suspect that many drafters think that an indemnification section should appear in …

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Posted in Uncategorized | 5 Comments

Defining “Government Body”

[Revised Aug. 21 to reflect comments by Mark, Paul, and Pete] I interrupt my August recess to consult you all on how I should define …

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Posted in Uncategorized | 8 Comments