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Counterclaimants and escalation clauses (Biogaran v International Drug Development)

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Published on: 02 August 2017

Published by a LexisNexis Dispute Resolution expert

Table of contents

Original news
What was the background to the case?
What issues were before the court?
What did the court decide?
How does the judgment impact French law?
Are there any wider trends in this area?
What should lawyers be advising their clients regarding the use of escalation or multi-tier dispute resolution clauses?

Article summary

Dispute Resolution analysis: Is an escalation clause binding on a counterclaimant? Natasha Peter, counsel at Gide Loyrette Nouel, analyses the application of an escalation clause in a counterclaim and says parties that include a multi-tier dispute resolution clause in their contract should ensure that it is clearly enshrined, so that, should a dispute arise, everyone knows where they stand.

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