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Ch.3 Drafting Considerations for Clauses Designating New York as the Place of Arbitration

Paul D. Friedland

From: International Commercial Arbitration in New York (1st Edition)

James H. Carter, John Fellas

A newer edition of International Commercial Arbitration in New York is available. Latest edition (2 ed.)
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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Place of arbitration — Arbitral tribunals — Preliminary proceedings
This chapter offers recommendations for drafting arbitration clauses that provide for international arbitration in New York. Section A addresses preliminary issues that, irrespective of the chosen seat of arbitration, must be considered. The literature on this topic is extensive, and Section A is therefore only summary. The basic rule when drafting an arbitration clause is to start with a model clause.2 This is so whether or not the clause provides for arbitration in New York. Section B, which comprises the bulk of this chapter, discusses considerations that are...
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