Drafting International Arbitration Clauses and Arbitration Agreements

Mastering the Art of Arbitration Proceedings

5 Found
Date Duration Venue Fees
13-17 May 2024 5 Days Dubai - UAE US$4,450 Register
15-19 Jul 2024 5 Days Rome - Italy US$5,450 Register
21-25 Oct 2024 5 Days Dubai - UAE US$4,450 Register

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.

Course Outline

Day One

Arbitration Clauses and Enforceability

  • The New York and the Panama Conventions: Requirements for an Arbitral Agreement to be Enforceable
  • Taking Control of the Arbitration Clause when Drafting a Contract
  • Thinking Strategically about Clients’ Likely Posture in Any Possible Dispute
  • Pathological Clauses
  • How to deal with pathological clauses?
Day Two

Types of Arbitration Clauses

  • Overview of the Main Types of Arbitration Clauses & Agreements
  • Three Categories of Arbitration Clauses: Basic, General and Complex Clauses
  • The Requirements of Valid and Enforceable Arbitration Clauses & Agreements
  • The Most Common Mistakes in Drafting Arbitration Clauses & Agreements
  • Consequences of a Pathological Clause
Day Three

Principles for Drafting Arbitration Clauses

  • Tailoring the Arbitration Clause to the Exigencies of the Specific Contract
  • Arbitrability of the Disputes included in the Clause
  • Clarity and Simplicity of the Agreement
  • The Avoidance of Alteration of Substantive and Procedural Law
  • Drafting a General Arbitration Clause
Day Four

Model Arbitration Clauses

  • Broad or Narrow Agreements?
  • Opting for Ad Hoc or Institutional Arbitration?
  • Method of Selecting Arbitrators
  • Method and Strategy Associated with Choosing the Seat of the Arbitration
  • The Importance of Selecting the Appropriate Arbitrators
Day Five

Basic Drafting Guidelines

  • What to think about before drafting Arbitration Clauses & Agreements?
  • Parties’ Selection of a Set of Arbitration Rules
  • Use of the Model Clause Recommended for Arbitration Rules
  • Selection of the Place of Arbitration
  • Specification of the Number of Arbitrators: Method of Selection and Replacement of Arbitrators
  • Parties’ Selection of the Language of Arbitration
  • Choice of the Rules of Law Governing the Contract
  • Multi-Tier Arbitration Clauses
  • Multiparty Arbitration Clauses


Upon successful completion of this training course, Newage Certificate will be awarded to the delegates.

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