Arbitration

Arbitration clause: what should be addressed in the contract?

An imprecise arbitration clause may create a separate procedural dispute before the underlying commercial claim can even be heard.

Scope of disputes

The clause should make clear whether all disputes arising from the contract or only specified categories are referred to arbitration.

Institutional or ad hoc arbitration

An institution provides rules and administrative support. Ad hoc arbitration requires the parties to define the procedural framework more precisely.

Seat, language and applicable law

These choices affect procedure, costs, court support, review of the award and eventual enforcement.

Appointment and interim measures

The number and appointment of arbitrators should be addressed, together with the route for urgent protection of assets or evidence.

This article provides general information only and is not individual legal advice. The appropriate legal route depends on the facts and the law applicable at the relevant time.