External Seminars
2022.06.10
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
June 10, 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
1. Inappropriate Arbitration Clauses That Makes International Arbitration into Quagmire
(1) Reasons why arbitration clauses can escalate disputes
・What is arbitration in the first place? (How does it differ from litigation or mediation?)
・Be mindful of both ‘contractual disputes’ and ‘disputes over dispute resolution methods’
(2) Arbitration Clauses that entangle disputes ~ based on hypothetical cases ~
・Duplication of litigation and arbitration proceedings
・Problems with cross-clauses
・Arbitration clauses and related contracts
(3) Three key points to avoid the quagmire of international arbitration
2. Latest Developments in Arbitration Rules
(1) ICC (International Chamber of Commerce) Rules 2021
・Adaptation to online proceedings, regulation of third-party funding, etc.
(2) SIAC (Singapore International Arbitration Centre) Rules 2016
・Usage by Japanese companies, arbitration rules (early dismissal system, characteristics of SIAC arbitration, etc.)
(3) JCAA (Japan Commercial Arbitration Association) Rules 2021
・Three types of arbitration rules (① Commercial Arbitration Rules, ② UNCITRAL Arbitration Administration Rules, ③ Interactive Arbitration Rules) and amendments
(4) AAA/ICDR (American Arbitration Association) Rules 2021
・Key amendments to arbitration and mediation rules emphasizing transparency and efficiency
(5) HKIAC (Hong Kong International Arbitration Centre) Rules 2018
・Early dismissal system, arrangements between China and Hong Kong, etc.
(6) Comparison of major arbitration rules
3. Drafting Arbitration Clauses (Basic module)
(1) Matters to be determined in the arbitration clause
・What should be determined in the arbitration clause?
・Concept of governing law × place of arbitration × language
(2) Selection of arbitral institution
・How should the arbitral institution be selected?
・Characteristics of major arbitral institutions
(3) Selection of place of arbitration
・When choosing Japan
・When choosing the counterparty's country or a third country (Focusing on Singapore, Hong Kong, China)
(4) Other considerations
・Language, Number of Arbitrators, Governing law of the arbitration agreement
・How to draft the arbitration clause?
4. Drafting Arbitration Clauses (Practical Guide)
(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
(4) Bonus Section: Examples of how to address problematic arbitration clauses once discovered
5. Q&A
(1) Reasons why arbitration clauses can escalate disputes
・What is arbitration in the first place? (How does it differ from litigation or mediation?)
・Be mindful of both ‘contractual disputes’ and ‘disputes over dispute resolution methods’
(2) Arbitration Clauses that entangle disputes ~ based on hypothetical cases ~
・Duplication of litigation and arbitration proceedings
・Problems with cross-clauses
・Arbitration clauses and related contracts
(3) Three key points to avoid the quagmire of international arbitration
2. Latest Developments in Arbitration Rules
(1) ICC (International Chamber of Commerce) Rules 2021
・Adaptation to online proceedings, regulation of third-party funding, etc.
(2) SIAC (Singapore International Arbitration Centre) Rules 2016
・Usage by Japanese companies, arbitration rules (early dismissal system, characteristics of SIAC arbitration, etc.)
(3) JCAA (Japan Commercial Arbitration Association) Rules 2021
・Three types of arbitration rules (① Commercial Arbitration Rules, ② UNCITRAL Arbitration Administration Rules, ③ Interactive Arbitration Rules) and amendments
(4) AAA/ICDR (American Arbitration Association) Rules 2021
・Key amendments to arbitration and mediation rules emphasizing transparency and efficiency
(5) HKIAC (Hong Kong International Arbitration Centre) Rules 2018
・Early dismissal system, arrangements between China and Hong Kong, etc.
(6) Comparison of major arbitration rules
3. Drafting Arbitration Clauses (Basic module)
(1) Matters to be determined in the arbitration clause
・What should be determined in the arbitration clause?
・Concept of governing law × place of arbitration × language
(2) Selection of arbitral institution
・How should the arbitral institution be selected?
・Characteristics of major arbitral institutions
(3) Selection of place of arbitration
・When choosing Japan
・When choosing the counterparty's country or a third country (Focusing on Singapore, Hong Kong, China)
(4) Other considerations
・Language, Number of Arbitrators, Governing law of the arbitration agreement
・How to draft the arbitration clause?
4. Drafting Arbitration Clauses (Practical Guide)
(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
(4) Bonus Section: Examples of how to address problematic arbitration clauses once discovered
5. Q&A