Harry Elias Partnership LLP Partner and Head of International Arbitration S Suressh was featured in a cover story by In-House Community Magazine on “The Old Future of Dispute Resolution”.
Commenting on why global companies need ADR, Suressh said that it is because international arbitration can be a tricky process. Parties will try to dance around agreements and contracts by targeting individuals rather than risk going to national courts.
“We’re seeing cases where companies sue officers or agents instead of the corporation itself as a way of sidestepping arbitration agreements. This strategy can drag employers into court anyway, often with costly implications,” Suressh said.
Since this kind of strategy is bound to continue in a globalised world, Suressh advised that a good way to counter this would be for in-house counsel to draft arbitration clauses that explicitly cover employees and agents.
Read in full here.