How to Draft an International Arbitration Clause
The arbitration clause is usually the last thing negotiated and the first thing that matters when a dispute arises. In international commercial contracts, a well-drafted arbitration clause is the foundation of effective dispute resolution: it determines where disputes will be heard, under what rules, by whom, and how the party can ultimately enforce the arbitral award. A poorly drafted clause does not just create procedural inconvenience. It can render the entire dispute resolution mechanism unworkable.