Arbitration Clause Drafting: Key Considerations for Cross-Border Disputes
The Central Asia Dispute Resolution Association (CADRA) conducted an International Arbitration Summer School in 2026, featuring sessions on international dispute resolution by leading arbitration professionals. A lecture titled "Drafting Arbitration Agreements and Choice of Law," held on 12 August 2026, was led by Matthew Drossos, Partner at White & Case LLP.
The session covered essential elements for constructing valid arbitration clauses, analysis of sample clauses and institutional model language, and practical exercises to identify drafting defects. Participants explored key considerations in designing enforceable dispute resolution mechanisms, common pitfalls, and how choice of law impacts arbitral proceedings.
Drossos emphasized that beyond providing a neutral forum, international commercial arbitration aims to ensure efficiency, minimize costs and delays, and guarantee award enforceability. He highlighted that party autonomy is central to alternative dispute resolution, allowing parties to design their contractual procedures and dispute resolution frameworks.
