Drafting the Arbitration Agreement

Abstract

This is Chapter 3 of the third edition of the book, Principles and Practices of International Arbitration, published by Cambridge University Press. This chapter discusses the basic issues involved in drafting an arbitration clause, including the essential requirements for a successful clause, additional provisions for specific circumstances and situations, and tips on avoiding the pitfalls of a pathological clause that may invalidate the agreement or create a basis for extensive disputes.

Keywords: arbitration, arbitral institution, international arbitration

JEL Classification: K33, K41