A recent Fifth Circuit case upholds the enforceability of arbitration clauses in international agreements, even in the face of state law holding those clauses unenforceable. This decision will impact the enforceability of state provisions that require choice of law and venue to be in a home state in construction cases, as well. Care should be exercised in negotiating the terms of a contract, as well as in developing your dispute resolution strategy when an issue arises. Kilpatrick Townsend attorney, Brian R. Gaudet, explains the potential impact of this case in a Practice Point published by the American Bar Association.
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.