IBA Guidelines for Drafting International Arbitration Clauses

About the IBA Arbitration Clause Guidelines

The IBA Guidelines for Drafting International Arbitration Clauses (‘IBA Arbitration Clause Guidelines’) serve as an essential resource for drafting effective arbitration clauses that clearly reflect the intentions of the parties. These guidelines encapsulate the best current international practices, offering a structured framework and detailed provisions for drafters involved in international arbitration agreements.

Designed to inform parties of the critical elements needed for effective arbitration clauses, the guidelines avoid prescribing specific choices. Instead, they ensure that parties understand the essential components of a successful clause, as well as the procedural options available to them in advance.

The IBA Arbitration Clause Guidelines highlight both the opportunities and potential pitfalls that may arise during the drafting process, particularly in complex arrangements involving multiple parties or related contracts. As a result, these guidelines are suitable for drafting simple arbitration clauses as well as complex, multi-party agreements.

The guidelines cover intricate drafting challenges that extend beyond typical bipartite arrangements, ensuring broad applicability across various arbitration scenarios.

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Key Highlights:

• Framework for drafting clear and enforceable arbitration clauses
• Essential components and procedural options for arbitration agreements
• Considerations for multi-party and multi-contract scenarios
• Comprehensive coverage from straightforward to highly complex arbitration agreements

Happy reading!

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Credits:
The IBA Guidelines for Drafting International Arbitration Clauses (2010) are reproduced by kind permission of the International Bar Association.

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