Drafting the Arbitration Agreement

PRINCIPLES AND PRACTICES OF INTERNATIONAL ARBITRATION, 2ND ED., Chapter 3, Cambridge University Press, 2012

Loyola University Chicago School of Law Research Paper No. 2012-003

16 Pages Posted: 16 Mar 2012 Last revised: 16 Jul 2020

See all articles by Margaret L. Moses

Margaret L. Moses

Loyola University Chicago School of Law

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Date Written: March 14, 2012

Abstract

This is Chapter 3 of the second 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 sucessful 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, arbitration agreement, international arbitration

JEL Classification: K33, K41

Suggested Citation

Moses, Margaret L., Drafting the Arbitration Agreement (March 14, 2012). PRINCIPLES AND PRACTICES OF INTERNATIONAL ARBITRATION, 2ND ED., Chapter 3, Cambridge University Press, 2012, Loyola University Chicago School of Law Research Paper No. 2012-003, Available at SSRN: https://ssrn.com/abstract=2022464

Margaret L. Moses (Contact Author)

Loyola University Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States
312-915-6430 (Phone)
847-475-8984 (Fax)

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