Drafting International Arbitration Clauses and Arbitration Agreements

Course Overview

A good arbitration clause is an essential provision in a contract to avoid costly, time-consuming disputes and to mitigate business risk. Lawyers, managers, officers, and entrepreneurs involved in business transactions cannot afford to be unfamiliar with drafting and interpreting an arbitration clause or an arbitration agreement. Most contracts signed by parties in different jurisdictions incorporate an arbitration clause; therefore, arbitration is the most common way of adjudicating a dispute in international commercial contracts.

This Drafting International Arbitration Clauses and Arbitration Agreements training course will highlight the tools needed and outline the concept that a well-drafted arbitration clause will facilitate a more efficient arbitration, providing the skills required for an effective dispute resolution mechanism obtained by mastering a well-written arbitration agreement in a contract, which in turn, may deter breaches of an agreement and thus reduce the likelihood of litigation.

Learn that a clause or an agreement must not be complex to be effective. Still, it is prudent to spend time thinking strategically about clients’ likely postures in any dispute and how that posture should translate into an arbitration clause, maximising the prospect of successful and efficient dispute resolution. The approach will be practical and hands-on, allowing the participants to improve their legal, economic and business skills in drafting such clauses; ultimately giving participants the knowledge that planning ahead can avoid issues when a dispute arises.

Course Objectives

This training course will enhance your knowledge and skills in drafting international commercial arbitration clauses and agreements to direct and manage a possible dispute.

After the training course, the participants will learn to:

• Know how to use the writing techniques and apply them in reality in the contracts you will be dealing with
• Successfully navigate the intricacies of an international commercial contract and add the appropriately shaped clause
• Learn how to draft different types of arbitration agreements based on the different sectors or business transactions at stake
• Develop a toolkit of negotiation strategies necessary in having the other party agree on the arbitration clause
• Plan for future arbitration proceedings and the skill needed to insert tools in the clause which will serve the client’s needs

Target Audience

This training course helps hone drafting skills and improve understanding of the interaction between the arbitration clause and other contractual provisions.

It is suitable for a wide range of working professionals, including (but not limited to) the following:

• Lawyers
• In-house Counsel
• Board of Director’s Members
• Entrepreneurs
• Business Leaders
• Managers
• Engineers and Accountants

Training Methodology

In this training course, the participants will gain more excellent knowledge through presentations by an experienced international practitioner designed to educate and challenge. Extensive use will be made of case studies and real examples of contracts. Open and instructive group discussions will also be facilitated, encouraging delegates to raise questions and share their experiences.