In cross-border business contracts, poorly drafted arbitration clauses remain an all-too-common occurrence. This often leads to new disputes over the interpretation of the arbitration clause, pushing the very dispute resolution that was intended further out of reach. In most cases, such situations can be prevented during contract negotiations with a little extra effort.

This seminar aims to help participants master the drafting of arbitration clauses. Understanding the content of the arbitration rules of major arbitration institutions, which are updated annually, is also crucial. Yoshie Midorikawa will explain key points corporate representatives should know, including the 2021 ICC Arbitration Rules, which incorporate “remote hearings”—a practice rapidly expanding in use since the COVID-19 pandemic.

- CONTENTS -
1. Inappropriate Arbitration Clauses That Makes International Arbitration into Quagmire
(1) Reasons why arbitration clauses escalate disputes
(2) Duplication of litigation and arbitration proceedings
(3) Problems with cross-clauses
(4) Arbitration clauses and related contracts

2. Latest Developments in Arbitration Rules
(1) ICC (International Chamber of Commerce) Rules 2021
(2) SIAC (Singapore International Arbitration Centre) Rules 2016
(3) JCAA (Japan Commercial Arbitration Association) Rules 2019
(4) HKIAC (Hong Kong International Arbitration Centre) Rules 2018

3. Drafting Arbitration Clauses
(1) Choice of arbitral institution (focusing on ICC, SIAC, JCAA, HKIAC)
(2) Choice of seat (focusing on Japan, Singapore, Hong Kong, China)
(3) Multi-stage dispute resolution clauses (hybrid with negotiation, mediation)
(4) Other considerations (language, number of arbitrators, etc.)

4. Q&A