Litigation and Alternative Dispute Resolution

Contact: Prof. Dr. H. Ercument Erdem;  Erdem & Erdem (Turkey)

Introduction

Arbitration agreements are the essential basis of international arbitration. A successful arbitration starts with a successful arbitration agreement. The arbitration agreement reflects the parties’ consent to submit present or future disputes to arbitration. Unsuccessfully drafted arbitration agreements can face enforcement difficulties, IBA Guidelines for Drafting International Arbitration Clauses (“Guidelines”) high and unnecessary costs, and delays. The Guidelines are designated to provide assistance for the drafting of efficient and enforceable arbitration agreements. The Guidelines provide basic and optional rules for the drafting of arbitration agreements, multi-tier clauses, and multi-party agreements.

The arbitration agreement can be in the form of an arbitration clause inserted in the underlying agreement, or in a separate submission agreement.

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