Virtual

Arbitration Clauses: Purpose, Type, Scope and Clarity

17 May 2024

Location: 12:00-1:00pm UK Time (Zoom)
Members: FREE to attend - Book by 17 May
Non Members: Register above as a member, and attend for FREE - Book by 17 May

Arbitration Clauses: Purpose, Type, Scope and Clarity

Highlights

 

The parties’ agreement to arbitrate is the very foundation of Arbitration, and it is most often found in contractual clauses. Effective drafting, and knowledge of the purposes and effects of the various components in such a clause are essential. Contractual disputes subject to the clause will arise after the drafting, when it is too late to make any material changes to the clause. Not infrequently, badly drafted clauses are the subject of time-consuming and expensive litigation, and even if such a clause survives, there may be later problems at the enforcement stage.

It is well known that the dispute resolution clause in a contract is often one of the last clauses to be agreed, and there is a temptation to “boilerplate” it - to push it through without fully thinking out the consequences of what is being agreed – especially where the commercial deal may be jeopardised.

A “one-size-fits-all” is not appropriate when drafting clauses for diverse contracts and different parties. A meticulous, bespoke approach is needed, comprehending all the possible traps and issues that can arise from the clause, and to include an understanding of which specific circumstances may warrant inclusion of particular specialised provisions.

This webinar will provide attendees with:

  • A walk-through of most of the issues that can arise with arbitration clauses.
  • A checklist of issues to consider at the point of drafting.
  • Explanations of the consequences of not doing so.
David Parratt KC
Barrister
3PB

David Parratt KC (Scot) is a busy barrister, advocate and arbitrator. David has extensive court experience and regularly negotiates settlements in multi-million pounds claims. He is often involved in complex international commercial disputes.

David’s practice covers his key experience and interests in arbitration, construction & engineering claims, energy disputes (including oil/gas upstream claims), general commercial litigation and commercial contracts.

He is a practising barrister in England & Wales and was called in 2009 (Lincoln’s Inn). He is an non-practising member of the Faculty of Advocates (Scottish Bar), having practiced from 1999 to 2020 - taking Silk in Scotland in 2017. He is also a non-practising member of the Northern Irish Bar, calling in 2016.


David Parratt KC
David Parratt KC Barrister
3PB
Patrick Heneghan
Barrister
3PB

Patrick Heneghan joined 3PB in April 2022, having previously been a dispute resolution partner in the London office of Skadden Arps, one of the world’s leading US international law firms, specialising in international arbitration, commercial litigation and other dispute resolution procedures.

Patrick has extensive experience acting as counsel in complex private commercial arbitration disputes as well as in investment treaty proceedings. Patrick has represented clients in a wide variety of different seats (including London, Hong Kong, Paris, Geneva, Stockholm and Johannesburg) and under all the major institutional and other rules (including ICC, LCIA, AAA/ICDR, SCC, HKIAC, UNCITRAL and ICSID). These disputes cover a broad range of commercial matters including shareholder agreements, minority shareholder rights, breaches of director’s duties, insurance, aviation, shipping, oil and gas, electricity generation and transmission, telecommunications, mining, finance and pharmaceuticals. Patrick also has considerable experience of engineering and construction disputes, particularly in the energy field.


Patrick Heneghan
Patrick Heneghan Barrister
3PB
Srishti Jain
Managing Associate
Keidan Harrison

Srishti is a Managing Associate at Keidan Harrison LLP, having joined the firm in January 2021. Prior to joining Keidan Harrison LLP, Srishti was an associate in the London office of LALIVE, the Swiss-based dispute resolution international law firm. Srishti has also worked in the international arbitration teams in the London offices of US firm Debevoise & Plimpton and international arbitration specialists Three Crowns. Before moving to London in 2017, Srishti was a disputes associate in the Delhi office of Trilegal, one of India’s top law firms and the New York office of Stokes Wagner, a US boutique litigation firm.


Srishti Jain
Srishti Jain Managing Associate
Keidan Harrison
Shai Wade
Partner and Head of International Arbitration
RPC

Shai is an international arbitration lawyer with a particularly strong expertise in cases arising from the upstream oil and gas and energy sectors as well as in joint-venture, shareholder and partnership disputes and cases involving IT, telecoms, construction, infrastructure, mining and international sale of goods disputes.

He is the co-author of a leading textbook on LCIA arbitration and serves as counsel and arbitrator under rules of the major arbitration institutions, including the ICC, LCIA, UNCITRAL, ICSID and others. 

Shai has represented clients from every continent around the world in disputes concerning a variety of national laws. He is an expert in international investment law regularly advising clients on their rights under international treaties.


Shai Wade
Shai Wade Partner and Head of International Arbitration
RPC

Agenda

11:55am
Audience Log On
12:00pm
Chair's Opening Remarks
Speakers:
David Parratt KC - Barrister - 3PB
12:05pm
Arbitration Clauses: Purpose, Type, Scope and Clarity
Speakers:
David Parratt KC - Barrister - 3PB
Patrick Heneghan - Barrister - 3PB
Srishti Jain - Managing Associate - Keidan Harrison
Shai Wade - Partner and Head of International Arbitration - RPC
12:45pm
Panel Q&A
1:00pm
Chair's Closing Remarks
Speakers:
David Parratt KC - Barrister - 3PB

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