Arbitration Clauses for International Contracts - Third Edition
This book, by leading international arbitration practitioners, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book is the standard reference for both in-house counsel and counsel.
PDF OF TITLE PAGE AND T.O.C.
Introduction
Chapter 1: Model and Standard Clauses
Chapter 2: Choosing Between Arbitration and Litigation
Chapter 3: Choosing Between Administered and Non-Administered Arbitration
Chapter 4: Choosing an Arbitral Institution
Chapter 5: Choosing a Place of Arbitration
Chapter 6: Drafting an Effective Arbitration Agreement
Chapter 7: Negotiation or Mediation as a First Step Before Arbitration
Chapter 8: Joinder and Intervention Clauses for Multi-Party Contracts
Chapter 9: Consolidation Clauses for Related Contracts
Chapter 10: Expert Determination and Dispute Boards
Chapter 11: Sovereign Contracts
Chapter 12: China Contracts
Chapter 13: Choice of Law Clauses
Appendices
Index
Table of Cases
Bibliography
Peter Sherwin is a Partner with Proskauer in the Litigation Department, Head of the International Arbitration Group and a Member of the Hospitality, Gaming & Leisure, Real Estate Litigation, Sports and Latin America Practices.
Peter's practice focuses on acting as counsel in complex cross-border commercial disputes, often involving a joint venture, a licensing or distribution relationship, or an acquisition, most of which are resolved in international arbitration and the rest in federal and state courts in the United States. He has significant pharmaceutical, lodging, real estate, and sports industry experience and, when necessary, regularly takes cases through trial or arbitral hearings.
Peter also regularly serves as an arbitrator in proceedings before the International Chamber of Commerce (ICC) and the International Centre for Dispute Resolution (ICDR).
Chambers USA and Chambers Global rank Peter as one of the top International Arbitration lawyers nationwide, reporting that he is "a great tactician with the pragmatism of a businessman" and "a thorough, well-prepared and intelligent lawyer," who is a "very effective advocate on his feet" and whose client service is "exemplary."
Paul Friedland, Global Head of the White & Case International Arbitration practice group from 2002 to 2019, has served as counsel or arbitrator in numerous international arbitrations, both commercial and investor state, and has been repeatedly ranked in the top tier by Chambers Global and other industry publications.
Mr. Friedland's leadership positions include: American Arbitration Association (Executive Committee, 2011-14; Chair of Law Committee, 2008-14; Chair of Subcommittee on ICDR Rules revision, 2013-14), International Bar Association (Arbitration Committee Co-chair, 2014-15), Singapore International Arbitration Centre (Court member, 2013-2019), and LCIA (Court member, 2006-10).
A frequent writer and speaker on international arbitration topics, Mr. Friedland is the author of Arbitration Clauses for International Contracts (2d. ed. 2007), described as a "must-have for all practitioners working in the burgeoning field of international arbitration" (N.Y. Law Journal, April 2008).
Mr. Friedland also has broad experience of US litigation, having secured favorable verdicts on behalf of his clients in two jury trials and one bench trial.
"Although it is certainly correct that the new edition of Arbitration Clauses for International Contracts deserves a place on the short shelf of indispensable works on international arbitration, you will know that your practice is happily busy if this book rarely touches that shelf and instead occupies a different place, i.e. your desk.... In short, if you imagine an LLM course that is designed to prepare lawyers, whether in-house or outside counsel, to advise on international dispute resolution matters, Friedland provides a follow-up on the first month of the course, when you are on the business hot seat intead of the examination hot seat. No matter how experienced the practitioner, the heat of that business hot seat makes Friedland's measured tone and his fusion of practical experience and academic rigour an extremely valuable aid.... Arbitration Clauses for International Contracts is the product of a practitioner-scholar in complete command of his field. The book's economy of expression also manifests the discipline of an advocate who understands what his audience needs to read in order to reach sound results..."
--Arbitration International Journal
"The new edition of Arbitration Clauses for International Contracts is a must-have for all practitioners working in the burgeoning field of international arbitration. Indeed, it would not be amiss for corporate attorneys and in-house counsel drafting agreements for trans-border transactions to also have and resort to this work as well."
--Barry H. Garfinkel, Counsel at Skadden, Arps, Slate, Meagher & Flom, Former Co-Head of the firm's international arbitration practice group.
"The authors have written an excellent book which will be particularly useful for corporate counsel negotiating international transactions. The book covers the full spectrum of information necessary for deciding whether to use arbitration for disputes resolution, which arbitral forum to choose and factors to think about in designating arbitrators. Perhaps most useful, it provides comprehensive advice on virtually all the elements which parties should consider using in disputes clauses. Practitioners will undoubtedly double check the boilerplate arbitration clauses they have been using after reading this book."
--Stephen E. Smith, former Vice President and General Counsel, Lockheed Martin Space Systems Company
"Arbitration clauses are all too frequently the Cinderella of contract negotiation. It is a considerable challenge to produce a handbook of manageable size, useful to the commercial lawyer faced with drafting such provisions and the specialist arbitration practitioner alike. That the authors have both a thorough understanding of the issues with which they deal, and considerable practical experience of how they might best be tackled, is evident from their ability to present the subject matter succinctly and with commendable clarity. The specimen clauses set out in the comprehensive appendices likewise inspire confidence, and rightly so. The authors will not be alone in consigning to the wastebin their randomly accumulated, and, thanks to this book, now superfluous, collection of potential precedent materials."
--John Beechey, Chair, ICC International Court of Arbitration, Paris; Former Partner and Head of International Arbitration Practice, Clifford Chance, London
"The authors have used their long experience as advocates and counselors to create an enormously useful resource for the international practitioner. The book includes not only a comprehensive discussion of the considerations that go into drafting arbitration clauses in international contracts, but an orderly series of models that will make the drafter's task infinitely easier. Anyone practicing in the field should have a copy readily at hand."
--Donald Donovan, Partner, Debevoise & Plimpton, New York and Vice-President, International Council for Commercial Arbitration (ICCA) and President American Society of International Law (ASIL)
"This book intends to provide, in an accessible format, clauses that address all the significant issues that contracting parties face when drafting dispute resolution provisions for international contracts. This feat may seem overly ambitious but Friedland quite successfully achieves it by skillfully mingling the trite and the complex, thus allowing a reader new to arbitration to become familiar with arbitration agreement draftmanship, while providing useful information and food for thought for more sophisticated readers. The author is especially to be commended for his comparative approach: Friedland tackles the drafting of dispute resolution clauses not only from a U.S. angle but also under the rules and laws of major arbitration institutions and important host countries such as France, the U.K. and Switzerland.
The book is well structured, very readable and a valuable tool for anybody called to draft an arbitration agreement to verify whether an arbitration clause is complete be it for the first time or for the 100th. It is a welcome addition to any arbitration practitioner's library."
--Swiss Arbitration Association (ASA) Bulletin
"Arbitration Clauses For International Contracts is an extremely well-written, useful and user-friendly resource, and should find its place on the bookshelves of international law practitioners and business people alike."
--ICSID Review
Peter Sherwin is a Partner with Proskauer in the Litigation Department, Head of the International Arbitration Group and a Member of the Hospitality, Gaming & Leisure, Real Estate Litigation, Sports and Latin America Practices.
Peter's practice focuses on acting as counsel in complex cross-border commercial disputes, often involving a joint venture, a licensing or distribution relationship, or an acquisition, most of which are resolved in international arbitration and the rest in federal and state courts in the United States. He has significant pharmaceutical, lodging, real estate, and sports industry experience and, when necessary, regularly takes cases through trial or arbitral hearings.
Peter also regularly serves as an arbitrator in proceedings before the International Chamber of Commerce (ICC) and the International Centre for Dispute Resolution (ICDR).
Chambers USA and Chambers Global rank Peter as one of the top International Arbitration lawyers nationwide, reporting that he is "a great tactician with the pragmatism of a businessman" and "a thorough, well-prepared and intelligent lawyer," who is a "very effective advocate on his feet" and whose client service is "exemplary."
Paul Friedland, Global Head of the White & Case International Arbitration practice group from 2002 to 2019, has served as counsel or arbitrator in numerous international arbitrations, both commercial and investor state, and has been repeatedly ranked in the top tier by Chambers Global and other industry publications.
Mr. Friedland's leadership positions include: American Arbitration Association (Executive Committee, 2011-14; Chair of Law Committee, 2008-14; Chair of Subcommittee on ICDR Rules revision, 2013-14), International Bar Association (Arbitration Committee Co-chair, 2014-15), Singapore International Arbitration Centre (Court member, 2013-2019), and LCIA (Court member, 2006-10).
A frequent writer and speaker on international arbitration topics, Mr. Friedland is the author of Arbitration Clauses for International Contracts (2d. ed. 2007), described as a "must-have for all practitioners working in the burgeoning field of international arbitration" (N.Y. Law Journal, April 2008).
Mr. Friedland also has broad experience of US litigation, having secured favorable verdicts on behalf of his clients in two jury trials and one bench trial.
"Although it is certainly correct that the new edition of Arbitration Clauses for International Contracts deserves a place on the short shelf of indispensable works on international arbitration, you will know that your practice is happily busy if this book rarely touches that shelf and instead occupies a different place, i.e. your desk.... In short, if you imagine an LLM course that is designed to prepare lawyers, whether in-house or outside counsel, to advise on international dispute resolution matters, Friedland provides a follow-up on the first month of the course, when you are on the business hot seat intead of the examination hot seat. No matter how experienced the practitioner, the heat of that business hot seat makes Friedland's measured tone and his fusion of practical experience and academic rigour an extremely valuable aid.... Arbitration Clauses for International Contracts is the product of a practitioner-scholar in complete command of his field. The book's economy of expression also manifests the discipline of an advocate who understands what his audience needs to read in order to reach sound results..."
--Arbitration International Journal
"The new edition of Arbitration Clauses for International Contracts is a must-have for all practitioners working in the burgeoning field of international arbitration. Indeed, it would not be amiss for corporate attorneys and in-house counsel drafting agreements for trans-border transactions to also have and resort to this work as well."
--Barry H. Garfinkel, Counsel at Skadden, Arps, Slate, Meagher & Flom, Former Co-Head of the firm's international arbitration practice group.
"The authors have written an excellent book which will be particularly useful for corporate counsel negotiating international transactions. The book covers the full spectrum of information necessary for deciding whether to use arbitration for disputes resolution, which arbitral forum to choose and factors to think about in designating arbitrators. Perhaps most useful, it provides comprehensive advice on virtually all the elements which parties should consider using in disputes clauses. Practitioners will undoubtedly double check the boilerplate arbitration clauses they have been using after reading this book."
--Stephen E. Smith, former Vice President and General Counsel, Lockheed Martin Space Systems Company
"Arbitration clauses are all too frequently the Cinderella of contract negotiation. It is a considerable challenge to produce a handbook of manageable size, useful to the commercial lawyer faced with drafting such provisions and the specialist arbitration practitioner alike. That the authors have both a thorough understanding of the issues with which they deal, and considerable practical experience of how they might best be tackled, is evident from their ability to present the subject matter succinctly and with commendable clarity. The specimen clauses set out in the comprehensive appendices likewise inspire confidence, and rightly so. The authors will not be alone in consigning to the wastebin their randomly accumulated, and, thanks to this book, now superfluous, collection of potential precedent materials."
--John Beechey, Chair, ICC International Court of Arbitration, Paris; Former Partner and Head of International Arbitration Practice, Clifford Chance, London
"The authors have used their long experience as advocates and counselors to create an enormously useful resource for the international practitioner. The book includes not only a comprehensive discussion of the considerations that go into drafting arbitration clauses in international contracts, but an orderly series of models that will make the drafter's task infinitely easier. Anyone practicing in the field should have a copy readily at hand."
--Donald Donovan, Partner, Debevoise & Plimpton, New York and Vice-President, International Council for Commercial Arbitration (ICCA) and President American Society of International Law (ASIL)
"This book intends to provide, in an accessible format, clauses that address all the significant issues that contracting parties face when drafting dispute resolution provisions for international contracts. This feat may seem overly ambitious but Friedland quite successfully achieves it by skillfully mingling the trite and the complex, thus allowing a reader new to arbitration to become familiar with arbitration agreement draftmanship, while providing useful information and food for thought for more sophisticated readers. The author is especially to be commended for his comparative approach: Friedland tackles the drafting of dispute resolution clauses not only from a U.S. angle but also under the rules and laws of major arbitration institutions and important host countries such as France, the U.K. and Switzerland.
The book is well structured, very readable and a valuable tool for anybody called to draft an arbitration agreement to verify whether an arbitration clause is complete be it for the first time or for the 100th. It is a welcome addition to any arbitration practitioner's library."
--Swiss Arbitration Association (ASA) Bulletin
"Arbitration Clauses For International Contracts is an extremely well-written, useful and user-friendly resource, and should find its place on the bookshelves of international law practitioners and business people alike."
--ICSID Review
PDF OF TITLE PAGE AND T.O.C.
Introduction
Chapter 1: Model and Standard Clauses
Chapter 2: Choosing Between Arbitration and Litigation
Chapter 3: Choosing Between Administered and Non-Administered Arbitration
Chapter 4: Choosing an Arbitral Institution
Chapter 5: Choosing a Place of Arbitration
Chapter 6: Drafting an Effective Arbitration Agreement
Chapter 7: Negotiation or Mediation as a First Step Before Arbitration
Chapter 8: Joinder and Intervention Clauses for Multi-Party Contracts
Chapter 9: Consolidation Clauses for Related Contracts
Chapter 10: Expert Determination and Dispute Boards
Chapter 11: Sovereign Contracts
Chapter 12: China Contracts
Chapter 13: Choice of Law Clauses
Appendices
Index
Table of Cases
Bibliography