In cross-border business contracts, inadequate drafting of arbitration clauses remains a persistent issue. As a result, new disputes often arise over the interpretation of these clauses, sometimes even pushing the intended goal of dispute resolution 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 Midoikawa will explain recent trends corporate personnel should be aware of, such as the revised JCAA Arbitration Rules enacted in July 2021 and the revised ICC Arbitration Rules enacted in January 2021, which incorporate “remote hearings” rapidly gaining traction due to the pandemic.

- CONTENTS -
1. Inappropriate Arbitration Clauses That Can Mired Disputes
(1) Duplication of litigation and arbitration proceedings
(2) Problems with cross-clauses
(3) Arbitration clauses and related contracts
(4) Methods to avoid mired cross-border disputes

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

3. Drafting Arbitration Clauses
(1) Selection of arbitration institution (focusing on ICC, SIAC, JCAA, HKIAC)
(2) Selection of place of arbitration (focusing on Japan, Singapore, Hong Kong, China)
(3) Other considerations (language, number of arbitrators, etc.)
(4) Practical session: Drafting arbitration clauses

4. Q&A