Via webinar

During this webinar, we will consider the anatomy of an arbitration agreement. Often treated unwisely as a ‘midnight clause’ of secondary importance, an arbitration agreement is a standalone contract which should be prepared with the utmost care given the centre stage it occupies in the event a dispute arises. 

We will look at the key considerations in deciding various components of an arbitration agreement, including the seat of arbitration, the use of model clauses and the drafting of bespoke clauses which provide for escalation (typically negotiation or mediation) before the commencement of formal proceedings. We will examine the significance of the principle of separability which can shed light on the enforceability of an arbitration agreement which itself often gives rise to satellite dispute at the early stages of arbitration. Given the common use of multiple agreements in complex commercial transactions, we will also touch on the factors to consider when drafting dispute resolution clauses across different agreements with enforcement considerations especially in mind.

Note: CPD accreditation by the Law Society of Hong Kong has been applied for.