External Seminars
2022.10.06
Arbitration Seminar Series: One Step Closer to International Arbitration - the 3rd Seminar: "Drafting Considerariont for Choosing the Governing Law, Seat of Arbitration, and Arbitral Institution"
Title
Arbitration Seminar Series: One Step Closer to International Arbitration - the 3rd Seminar: "Drafting Considerariont for Choosing the Governing Law, Seat of Arbitration, and Arbitral Institution"
Date/Time
October 6, 2022 14:00 - 15:30 (JST)
*This seminar will be streamed live online.
*This seminar will be streamed live online.
Speaker
Host
The Japan Commercial Arbitration Association
Practice Areas
Litigation and Disputes, Business Revitalization and Bankruptcy, International Practice and Trade Law, General Corporate Practice
Application / Inquiries
Click here to register
Details
This series of seminar is designed for companies that possess a basic understanding of arbitration but hesitate to utilize it for resolving disputes arising from actual international commercial transactions (those who is lack of experience in international arbitration). Yoshie Midorikawa will explain the key points likely to arise during your internal decision-making process when considering arbitration. In addition, she aims to encourage your adoption of arbitration through Q&A sessions.
In this seminar, she will introduce issues in drafting arbitration clauses for the title “Choosing Governing Law, Arbitration Seat, and Arbitration Institution: Considerations for Drafting”. In international trade contracts, poorly drafted arbitration clauses frequently lead to disputes. Most such conflicts can be prevented by drafting arbitration clauses with an understanding of their potential trouble spots. This seminar aims to help participants acquire the drafting of arbitration clauses. It will also explain the key features of arbitration rules from major arbitration institutions that corporate personnel should know, including the JCAA Arbitration Rules revised in 2021.
*This seminar is organized by JCAA and will be held with the support of the Japan External Trade Organization (JETRO).
- CONTENTS -
1. Avoiding Unnecessary Disputes Through Effective Drafting of Arbitration Clauses
(1) International arbitration can involve disputes over matters not contested in domestic litigation
(2) The nightmare of “Double Proceedings”
(3) Three key points to avoid the quagmire of international arbitration
2. Drafting Arbitration Clauses (Basic Module)
(1) Selecting the arbitral institution
(2) Selecting the place of arbitration
(3) To create a "Home Game" advantage combining governing law, language, and place of arbitration
(4) Three easily confused governing laws (Contract governing law, Procedural governing law, Governing law of the arbitration agreement)
3. Drafting Arbitration Clauses (Advanced Module)
(1) Manufacturing contract
(2) When related contracts exist
(3) Contracts with Chinese companies
(4) How to address problematic arbitration clauses once discovered
4. Q&A
In this seminar, she will introduce issues in drafting arbitration clauses for the title “Choosing Governing Law, Arbitration Seat, and Arbitration Institution: Considerations for Drafting”. In international trade contracts, poorly drafted arbitration clauses frequently lead to disputes. Most such conflicts can be prevented by drafting arbitration clauses with an understanding of their potential trouble spots. This seminar aims to help participants acquire the drafting of arbitration clauses. It will also explain the key features of arbitration rules from major arbitration institutions that corporate personnel should know, including the JCAA Arbitration Rules revised in 2021.
*This seminar is organized by JCAA and will be held with the support of the Japan External Trade Organization (JETRO).
- CONTENTS -
1. Avoiding Unnecessary Disputes Through Effective Drafting of Arbitration Clauses
(1) International arbitration can involve disputes over matters not contested in domestic litigation
(2) The nightmare of “Double Proceedings”
(3) Three key points to avoid the quagmire of international arbitration
2. Drafting Arbitration Clauses (Basic Module)
(1) Selecting the arbitral institution
(2) Selecting the place of arbitration
(3) To create a "Home Game" advantage combining governing law, language, and place of arbitration
(4) Three easily confused governing laws (Contract governing law, Procedural governing law, Governing law of the arbitration agreement)
3. Drafting Arbitration Clauses (Advanced Module)
(1) Manufacturing contract
(2) When related contracts exist
(3) Contracts with Chinese companies
(4) How to address problematic arbitration clauses once discovered
4. Q&A