External Seminars
2022.01.27
How to Draft Arbitration Clauses: Key Takeaways from the 2021 Institutional Rule Changes
Title
How to Draft Arbitration Clauses: Key Takeaways from the 2021 Institutional Rule Changes
Date/Time
January 27, 2022 14:00 - 16:30 (JST)
*This seminar will be streamed live online.
*This seminar will be streamed live online.
Speaker
Host
Business Research Institute
Practice Areas
Litigation and Disputes, Business Revitalization and Bankruptcy, International Practice and Trade Law, General Corporate Practice
Application/Inquiries
Click here to register
Details
Since 2020, amid the global crisis of the COVID-19 pandemic, international arbitration cases have surged, particularly in Asia. Although, in international transaction contracts, inadequate drafting of arbitration clauses remains a persistent issue.
New disputes often arise over the interpretation of these clauses, sometimes even pushing the very dispute resolution they were intended to facilitate further out of reach.
Most of these situations could be prevented with a little effort during contract negotiations. This seminar aims to help you master drafting arbitration clauses. Understanding the content of arbitration rules, which are updated annually by arbitration institutions, is also crucial.
Yoshie Midorikawa will also explain the key features of arbitration rules from major arbitration institutions that corporate personnel should know, such as the JCAA Arbitration Rules revised in 2021 and the ICC Arbitration Rules.
- CONTENTS -
1. Inappropriate Arbitration Clauses That Can Mired Disputes
(1) Duplication of litigation and qrbitration proceedings - based on a hypothetical case -
(2) Problems with cross-clauses - based on a hypothetical case -
(3) Arbitration clauses and related contracts - based on a hypothetical case
(4) Three key points to avoid entrenchment in 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
(5) Comparison of major arbitration rules
3. Drafting Arbitration Clauses (Fundamentals)
(1) Choosing an arbitral institution (Focusing on ICC, SIAC, JCAA, HKIAC)
(2) Choosing the place of arbitration (Focusing on Japan, Singapore, Hong Kong, China)
(3) Other considerations (Language, Number of Arbitrators, etc.)
4. Drafting Arbitration Clauses (Practical Edition)
(1) CASE 1. Review of a manufacturing contract
(2) CASE 2. Review when related contracts exist
(3) CASE 3. Review of a contract with a Chinese company
5. Q&A
Most of these situations could be prevented with a little effort during contract negotiations. This seminar aims to help you master drafting arbitration clauses. Understanding the content of arbitration rules, which are updated annually by arbitration institutions, is also crucial.
Yoshie Midorikawa will also explain the key features of arbitration rules from major arbitration institutions that corporate personnel should know, such as the JCAA Arbitration Rules revised in 2021 and the ICC Arbitration Rules.
- CONTENTS -
1. Inappropriate Arbitration Clauses That Can Mired Disputes
(1) Duplication of litigation and qrbitration proceedings - based on a hypothetical case -
(2) Problems with cross-clauses - based on a hypothetical case -
(3) Arbitration clauses and related contracts - based on a hypothetical case
(4) Three key points to avoid entrenchment in 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
(5) Comparison of major arbitration rules
3. Drafting Arbitration Clauses (Fundamentals)
(1) Choosing an arbitral institution (Focusing on ICC, SIAC, JCAA, HKIAC)
(2) Choosing the place of arbitration (Focusing on Japan, Singapore, Hong Kong, China)
(3) Other considerations (Language, Number of Arbitrators, etc.)
4. Drafting Arbitration Clauses (Practical Edition)
(1) CASE 1. Review of a manufacturing contract
(2) CASE 2. Review when related contracts exist
(3) CASE 3. Review of a contract with a Chinese company
5. Q&A