Course: International Arbitration: Frameworks and Drafting an Arbitration Agreement

Effective written communication identifies problems, defines goals, arrives at solutions and persuades the reader. Word choice and sentence and paragraph structure and order are critical for written communication to be …

In legal practice, email is considered formal communication. Depending on the nature of your relationship with the recipient, you may use a less formal style that suits the more immediate …

Arbitral institutions are an integral part of the arbitral infrastructure. They serve as the administrators of the arbitration and shape the policies that govern the process. Further, arbitral institutions are …

Negotiation Depending on national law, an agreement to negotiate in good faith is in general not enforceable but may be enforceable in the context of a dispute resolution clause as …

The term “pathological clause” refers to an arbitration clause that has been so poorly drafted as to be potentially invalid and, therefore, ineffective. Some of the common mistakes that parties …

When parties to an arbitration agreement choose a seat of arbitration, it is generally a place that has no connection to them or their commercial relationship. It is typically a …

An institutional arbitration is one that is administered by a specialist arbitral institution under its own rules of arbitration. Amongst the most well-known in the ASEAN+6 region are International Chamber …

The law governing the arbitration proceedings, the lex arbitri, does not seek to be a complete set of detailed rules governing every aspect of the arbitral process. Instead, that detailed …

The law governing the arbitration agreement is not necessarily the same law as that which governs the substantive dispute. Often a clause in a contract that addresses applicable law will …

It should be remembered that there are other approaches to determining which law governs the arbitration agreement. There is, for example, the “French third way”, which resulted from a series …

Multi-party arbitration agreements The types of issue that might arise in relation to multi-party disputes include: • whether a respondent may join a third party in order to claim contribution …

Hybrid clauses A hybrid clause provides for more than one method of dispute resolution, for example, ADR in the form of mediation followed by arbitration. A hybrid clause should clearly …

It is a general principle that parties to an international commercial agreement can choose for themselves the law applicable to that agreement. This is sometimes referred to as the doctrine …

For the practitioner, it is important to think ahead in drafting an arbitration agreement and to get as much agreed (to your client’s benefit) as possible at an early stage, …