What General Counsel Need to Know About Updating Arbitration Clauses in Contracts

Study the most advantageous arbitration provisions and get up-to-date information on the relevant key terms.
Legal / Contracts

GC Arbitration Clauses Contracts Execsense

Format 40 Minute Lesson
Chapters 6
Skill Level New to Topic
Audience General Counsel
Includes Access for 1 year. Stream on all devices.

Course Description

In this lesson, ExecSense and expert, Jennifer Bergenfeld (Of Counsel), Professor, New York University’s Stern School of Business, examine a time-efficient way to get the most up-to-date information on the key terms to make sure are included (or not included) in your arbitration clauses, negotiation strategies to get the terms you want, and understand how other General Counsel are protecting their company from a legal standpoint with advantageous arbitration provisions.

In this 40-minute session, you will learn:

  • Everything you need to know before negotiating or agreeing to arbitration provisions in the next contract you sign on behalf of your company
  • Easy-to-implement strategies and best practices used by the most successful General Counsel for reading, constructing and vetting arbitration provisions being written into your company’s various contracts including: tips for interpreting arbitration clauses, deciding between a broad (i.e. providing for arbitration of all disputes “arising under or in connection with” a contract) or narrow (i.e. only submitting certain disputes to arbitration) clause, how to avoid poorly drafted arbitration clauses, how to dispute clauses that are drafted improperly, and more
  • The 10 questions most asked by General Counsel about how to ensure properly drafted arbitration clauses in contracts in order to avoid separate and messy disputes that can arise when arbitration clauses are ambiguous
  • Case studies of other General Counsel widely perceived as experts in writing, negotiating and disputing arbitration provisions, tips and techniques they find work best, and important lessons learned

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ExecSense Speaker

Jennifer Bergenfeld
Professor, New York University’s Stern School of Business
Expertise
Wealth Management & Investment Advisory

Jennifer Bergenfeld is an Adjunct Professor of business law and professional responsibility at the NYU Stern School of Business, teaching both undergraduate and graduate courses.

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Since 2013, she has been senior counsel for the legal department of a global bank, covering investment advisory and wealth management departments as well as serving as Chief Legal Officer of the US mutual fund business and providing securities regulatory subject matter expertise to firmwide regulatory risk reviews. Prior to joining the bank, she spent several years providing legal and regulatory counsel consulting services to financial companies and boutique law firms, concentrating on contract negotiations and corporate legal and governance matters.

Ms. Bergenfeld previously served as General Counsel of EMG Investment Services, a startup financial services firm, advising on fund launches, private equity, fund formations, broker-dealer registration, corporate governance matters and regulatory compliance. Before that, she served as Counsel and Vice President in the Legal and Compliance Department of AllianceBernstein L.P. from 2002 to 2008 where she oversaw subadvisory mutual fund and institutional legal and regulatory matters.

Ms. Bergenfeld earned her BA in International Affairs from George Washington University and her MA in International Relations and MBA in Management and International Business (Beta Gamma Sigma honors) at NYU Stern where she also held a teaching fellowship in the Markets, Ethics & Law program. She was also a longtime member of the Financial Women’s Association, having served on the Wall Street Exchange and Directorships & Corporate Governance Committees, as well as 100 Women in Hedge Funds and HighWater Women.

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