Part II Legal Framework: Courts, Statutes and Treaties, E The Contractual Context, 2 The Arbitration Clause: Drafting Considerations

Despite their critical importance, arbitration clauses are often sloppy cut-and-paste jobs that tempt disaster when the transaction becomes unraveled. To some extent, this is because arbitration is a bit like art. Not because both words begin with the first letter in the alphabet. Rather, in arbitration as in art people often claim to be experts notwithstanding their lack of (or even contempt for) what is involved. Surprisingly or not, the legal and practical intricacies of drafting arbitration clauses regularly receive a lack of attention that would be...