Arbitration Agreements – Draft them carefully

by Pushpa Pandya

“When parties to a contract agree to submit future disputes to arbitration it is important that the arbitration agreement (AA) is carefully drafted and includes an express choice of law provision. This is especially important when drafting contracts with different choice of laws governing the main agreement and any arbitration provision. If the parties do not wish the law governing the contract to be the law governing the AA, they must make this express. Getting it right at the outset of the relationship avoids wasted time and costs if, or when, later there is a dispute.”

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