This video provides an instructive overview for drafting clauses in international commercial arbitration. As with arbitration generally, international arbitration is a creation of contract, and parties must address a variety of unique considerations when deciding how and when to submit their present and future international disputes to binding resolution. International arbitration allows parties from different cultures and entire legal systems to maintain autonomy over the method and manner in which their disputes will be resolved. Drafting an effective international arbitration clause is therefore critical to avoiding the uncertainties, publicity, and local practices associated with litigation in national courts while still ensuring that parties obtain an efficient resolution of their dispute as well as an internationally enforceable award.
For a more in-depth look at each step of drafting an international commercial arbitration clause, check out our self-help presentation here that includes sample clauses and exclusive practitioners’ tips.