This article looks at some of the key issues which arise when drafting arbitration agreements in the context of commercial and M&A transactions, with a focus on China-related transactions. The article highlights and examines the key considerations to be taken into account when negotiating and drafting the arbitration agreement. These include the scope of the arbitration agreement, the seat of the arbitration, the governing law of the arbitration agreement, the process for choosing the arbitrator(s), the choice of institutional or ad hoc arbitration, and the choice of language for the arbitration. The author then further considers other issues which may impact upon the drafting of arbitration agreements, such as disputes involving multiple parties, sole option clauses, expedited proceedings and interim relief.
Journal of International Arbitration