Negotiating Procedural Rules in Arbitration Clauses: Beware What You Ask For
9 Pages Posted: 29 Sep 2009 Last revised: 13 Mar 2013
Date Written: September 29, 2009
Often parties negotiating agreements are wholly unaware of the significance of choice of the seat of arbitration, substantive law of contract or procedural rules they agree to. When disputes arise, the party complaining breach is often taken by surprise at the way in which the poorly-negotiated/ drafted arbitration clause acts as a hurdle in enforcing its rights under the contract. In this essay, two cases are discussed in which the parties seem to have negotiated the arbitration clause without understanding the implications of the arbitral procedures they have agreed to.
Keywords: Arbitration Agreement, Arbitration Clause, Procedural Rules, Standard Corrosion Controls Pvt. Ltd v. Sarku Engineering Services SDN BHD, Insigma Technology Co. Ltd. v. Alstom Technology Ltd
JEL Classification: K10, K30, K33, K41
Suggested Citation: Suggested Citation