Monthly Archives: August 2009

My Version of the AAA Standard Arbitration Clause

Posted on August 30, 2009 by Ken Adams

[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; …

Continue Reading »

Posted in Uncategorized | 20 Comments

An Instance of Formula Ambiguity

Posted on August 30, 2009 by Ken Adams

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 …

Continue Reading »

Posted in Uncategorized | 6 Comments

Referring to FedEx and its Competitors

Posted on August 27, 2009 by Ken Adams

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 …

Continue Reading »

Posted in Uncategorized | 6 Comments

“Including With Limitation”?

Posted on August 27, 2009 by Ken Adams

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 …

Continue Reading »

Posted in Uncategorized | 6 Comments

When to Provide for Indemnification

Posted on August 27, 2009 by Ken Adams

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

Continue Reading »

Posted in Uncategorized | 5 Comments

Defining “Government Body”

Posted on August 20, 2009 by Ken Adams

[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 …

Continue Reading »

Posted in Uncategorized | 8 Comments