6s Capital LLC - Downstream Agreements

I concur that the jury trial waiver is common for loan agreements (and for business disputes in general). It is seen as giving more legal certainty that the contents of the agreements are interpreted by professional judges only.

Regarding arbitration, the documents I’ve seen so far are subject to the jurisdiction of ordinary courts, i.e. no arbitration clause. For financing transactions I do not see a lot of advantage in arbitration. It would make litigation more expensive since parties would have to pay, in addition to their own legal team, the arbitrators (normally 3) as well as the institution under whose rules the arbitration takes place, such as the American Arbitration Association (AAA) or the International Chamber of Commerce (ICC).

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