Professional Documents
Culture Documents
ARBITRATION
AGREEMENT
● Confidentiality
1. Venue Clause.
2. Choice of Law.
3. Choice of Arbitration Body.
4. Conditions Precedent to Arbitration.
5. Consolidation/Joinder.
6. Discovery.
7. Duration of Arbitration Proceeding.
8. Awards/Remedies.
9. Assessment of Attorneys’ Fees and Costs.
10. Appeal of Arbitration Awards.
Core Provisions of an Arbitration Clause
● Optional Elements:
○ The authority of the arbitral tribunal and of the courts
with respect to provisional and conservatory measures
○ Document production
○ Confidentiality issue
○ Allocation of costs and fees
○ Qualifications required of arbitrators
○ Time limits
○ Finality of arbitration
SAMPLE ARBITRATION CLAUSE
ICC
The governing law of the contract shall be the substantive law of [ ]."
SAMPLE ARBITRATION AGREEMENT
SAMPLE ARBITRATION AGREEMENT
SAMPLE ARBITRATION AGREEMENT
SAMPLE ARBITRATION AGREEMENT
SAMPLE ARBITRATION AGREEMENT
SAMPLE ARBITRATION AGREEMENT
SAMPLE ARBITRATION AGREEMENT
To be enforceable, the arbitration agreement
must...
● The agreement must be in writing
● The agreement deals with differences past, present or
future that have arisen between the parties
● The differences arise out of a defined legal relationship
● The subject matter of the dispute is arbitrable' under local
law
● The parties had capacity to contract when they agree to
arbitrate
● Every appointing and administering authority mentioned in the
clause must exist and be willing to act.
PATHOLOGICAL CLAUSE
“In the event of any unresolved dispute, the matter will be referred
to the International Chamber of Commerce”
Common Examples of Pathological Clauses
● Institution not referred to, does not exist or erroneously referred
to
“[the Parties] shall proceed to litigate before the Arbitration Court of the
International Chamber of Commerce in Paris with the seat in Zurich“.
“In case of any disputes deriving from the [Sales] Contract, the
parties agree that it should be competence of the Arbitration
Court of the International Chamber of Commerce of Zürich in
Lugano. The language of arbitration will be Italian. The law
applied will be Swiss law”
● Ensure that your contract provides for the governing law of the
contract (preferably separate from the arbitration clause itself).