Aeropace and Defense Legal Learning Center
Disputes and Investigations
Drafting Effective Arbitration Clauses in the A&D Sector
In the A&D sector, arbitration remains the preferred mechanism for resolving international disputes—but its effectiveness depends on careful drafting. Poorly designed clauses can create uncertainty, delay, or even undermine enforceability.
This session will provide practical guidance on:
- Selecting the right arbitral institution, seat of arbitration, and governing law.
- Drafting clauses that are both workable and enforceable in cross-border disputes.
- Addressing specialized provisions such as escalation clauses, multiparty arbitration, and consolidation mechanisms.
- Anticipating pitfalls that commonly arise in high-value international contracts.
Supply Chain Arbitrations: Managing Disputes in a Complex Global Environment
Global supply chains in A&D defense are increasingly vulnerable to disruption—from quality failures and delivery suspensions to regulatory shifts and supplier insolvencies. Arbitration remains a critical tool for resolving these disputes efficiently and preserving business relationships.
This session will explore:
- Quality management disputes, contract terminations, and counterclaims.
- The effect of export restrictions on contractual obligations.
- Legal remedies when suppliers suspend deliveries.
- Best practices for structuring supply chain arbitrations to address complexity and cross-border challenges.
- The impact of supplier insolvency during ongoing disputes.
A&D-Related Post-M&A Disputes: Best Practices in Arbitration and Litigation
Post-M&A disputes are increasingly common in the A&D sector, where high-value deals and complex cooperation agreements often give rise to disagreements. Disputes may stem from share purchase agreements (SPAs), asset purchase agreements (APAs), failed joint ventures, or co-development arrangements, and the outcomes can have significant financial and strategic consequences.
This session will cover:
- Best practices for arbitrating and litigating post-M&A disputes.
- Common issues in SPA, APA, JV, and co-development disputes.
- How arbitral tribunals have approached these disputes in practice, including lessons learned from recent cases.
- Strategies for structuring agreements to reduce the risk of costly disputes.
Compliance and Dispute Resolution: Managing Risk in Cooperation Partnerships
In complex international operations, allegations of noncompliant conduct—such as bribery, human rights violations, or regulatory breaches—can trigger disputes with cooperation partners and significant downstream consequences. This session, presented in collaboration with our Investigations, White Collar Crime, and Fraud (IWCF) team, addresses key compliance and dispute resolution strategies.
Topics include:
- Handling allegations of noncompliant conduct, including burden of proof and evidentiary considerations.
- Termination of noncompliant cooperation partners and managing follow-on claims for reimbursement or damages.
- Evaluating investigation costs as potential damages in disputes.
- Protecting the confidentiality and integrity of investigation results during dispute resolution.
Issues in Cross-Border Investigations: Anti-Corruption, Data Privacy, and Compliance
Cross-border investigations in 2026 continue to present complex challenges for multinational companies. This session examines key issues arising in anti-corruption investigations, including multijurisdictional enforcement, data transfer restrictions, and evolving compliance expectations from regulators such as the Securities and Exchange Commission and U.S. Department of Justice (DOJ).
Participants will learn how to:
- Navigate multijurisdictional enforcement regimes and coordinate responses across borders.
- Manage data privacy and transfer issues in the context of investigations.
- Implement robust compliance programs to meet evolving expectations from U.S. and international authorities.
The Director’s Duty to Monitor: Governance Claims in a Rapidly Changing Environment
Directors today face increasingly complex governance obligations in a dynamic global landscape. From cybersecurity and antitrust to data protection, FCPA risks, and evolving compliance obligations, the duty to monitor requires vigilance, strategic foresight, and practical know-how.
This session will cover:
- Key traps and pitfalls directors encounter in daily governance practice.
- Recent developments in regulatory expectations and enforcement trends.
- Practical strategies for fulfilling monitoring duties while mitigating legal and reputational risk.
Legal Technology: A Curse and a Blessing
Legal technology has transformed the handling of mass claims and large-scale litigation, offering both opportunities and challenges for corporate counsel. On one hand, advanced tools enable efficient management of vast numbers of individual claims, streamlining workflow and improving case analysis. On the other hand, these same technologies have fueled the growth of mass-claim practices by plaintiff lawyers, creating new pressures for companies in sectors like aviation and beyond.
This session will provide:
- An overview of legal tech applications in mass litigation.
- Insights on how to leverage technology to cut through complexity and increase efficiency.
- Lessons learned from practical experience in managing large-scale disputes.
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