Arbitration Clauses That Work - Drafting, Strategy & Common Traps

Introduction

In international arbitration, the agreement to arbitrate is typically the basis for the arbitral tribunal’s jurisdiction. It is therefore critical that the arbitration agreement is properly drafted. The arbitration agreement will not only define what disputes are capable of resolution through arbitration but how the tribunal is constituted. A well drafted arbitration agreement facilitates enforceable contractual rights. A poorly drafted arbitration agreement leads to collateral disputes, uncertainty and at worst, an inability effectively to enforce contractual rights.

This webinar will provide a practical step by step guide to how to draft an effective arbitration agreement.

What You Will Learn

This webinar will cover the following:

• How to draft an effective agreement to arbitrate, a step by step guide
• The differences between ad hoc and institutional arbitration
• The essential elements of an arbitration agreement (with sample language)
• Optional elements of an arbitration agreement (with sample language)
• Recent legislative changes introduced by the English Arbitration Act 2025 and their ramifications for drafting an arbitration agreement
• Pitfalls and traps to avoid in drafting an arbitration agreement