Central Asia Dispute Resolution Association, International Arbitration Summer School 2026 – Session 2 with Matthew Drossos of White & Case LLP on drafting arbitration agreements and choice of law.
An arbitration clause should never be regarded as boilerplate or left to the final stages of a transaction. Its wording can determine whether the parties face a streamlined arbitral process or costly preliminary disputes about jurisdiction, scope, parties, governing law and procedure.
Particular points that stood out included the importance of broad scope wording; identifying precisely the parties intended to be bound; distinguishing the arbitral seat from the substantive governing law; and avoiding vague choices of law.
The discussion also reinforced the need to consider language, multi-tier dispute-resolution provisions, and the practical realities of enforcement at the drafting stage.
Institutional model clauses offer a sensible starting point. Still, they must be considered against the transaction, the parties’ commercial risk allocation, and the jurisdictions in which assets may ultimately need to be reached.
A timely reminder: careful drafting at the outset is usually far less expensive than litigating what the parties meant after a dispute has arisen.
Thank you for sessions like these!