Ken Adams

AAA Launches Tool to Create ADR Clauses? BFD.

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Via @TomMighell, I learned from this post on Bob Ambrogi’s LawSites that the American Arbitration Association has launched a document-assembly system for drafting arbitration and mediation provisions. Here’s how Bob describes it: The American Arbitration Association has launched ClauseBuilder, a web-based tool designed to assist in drafting clear and effective arbitration and mediation agreements. The new tool provides parties with the AAA’s standard arbitration agreement, in addition to an array … Read More

What About Indian Contract Language?

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As an experiment, a few weeks ago I searched on the SEC’s EDGAR system for a bizarre usage—I don’t remember what it was—that I thought I wouldn’t find anywhere. To my surprise, it had in fact been used in the past year, in a contract drafted in India. I forgot about that until a reader pointed out to me a … Read More

A Draft of the Back-Cover Text of MSCD3

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I’ve sent the ABA my comments to the galleys of the third edition of A Manual of Style for Contract Drafting. Those who volunteered to read extracts did an amazing job; the text is in great shape. We’re now turning our attention to the cover. One task is coming up with the back-cover text. It could just consist of the … Read More

The Three Big Misconceptions of Contract Drafting

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Generally, when I disagree with someone, it’s not over some discrete usage issue. Instead, it’s because they’ve bought into one of the three great misconceptions of contract drafting. You’re already familiar with them, but since I encounter them alarmingly often, I thought I’d take this opportunity to air them again: 1. “Everyone Has Their Own Drafting Style” Just yesterday I … Read More

“A, B, and/or C”

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I’d like to revisit and/or. For the most part, there’s nothing to say about and/or other than (1) A and/or B means A or B or both, (2) and/or can create confusion and  be misused, and (3) it’s clearer to use instead the structure A or B or both. Beyond that, I don’t get worked up about and/or, as many … Read More

“The Koncise Drafter” in the ABA Journal’s 2012 Blawg 100

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In case it’s of interest to any readers, this blog was included in the ABA Journal’s 2012 Blawg 100. It’s nice to be noticed; thank you to those readers who saw fit to nominate this blog. Any such “best of” compilation is necessarily somewhat arbitrary, but I think the ABA Journal does a good job. But I won’t be asking … Read More

Quora as a Source of Misinformation

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Taking up a challenge posed by Brian Rogers, last week I posted a response to this question on Quora. (For more about that, see this post.) That was my first time on Quora; to get a better sense of what it was about, over the next few days I answered some more questions. (To see my answers, go to my … Read More

Asia Seminars February–March 2013

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I’m pleased to announce that I’ll be returning to Asia in spring 2013. With Thomson Reuters, I’ll be doing a one-day seminar in Singapore on 21 February 2013 (go here for the brochure) and in Hong Kong on 5 March 2013 (go here for the brochure). This seminar is entitled “The Essentials of Drafting Clear, Concise & Modern Contracts,” but … Read More

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