ECONOMICAL LITIGATION AGREEMENTS (“ELA”) FOR COMMERCIAL CONTRACTS AS A MEANS OF REDUCING (2010 Edition)Economical Litigation Agreement • July 12th, 2010
The following model clause may be inserted into a commercial contract to incorporate by reference the terms of the International Institute for Conflict Prevention & Resolution Economical Litigation Agreement provisions. Because waiver of trial by jury has been held by several jurisdictions to be required to be “knowing, intelligent and voluntary” to be valid, the model clause makes explicit that the civil litigation shall be jury-waived. Some jurisdictions, such as California, explicitly prohibit advance waiver of trial by jury, so the model language defers to such explicit prohibitions. By incorporating a forum selection clause and choice of law clause in their contract, the parties can control whether any litigation occurs in jurisdictions that prohibit advance jury waiver.
