Our database subscriptions do include some helpful links for researchers to use when drafting arbitration clauses.
- Kluwer's Drafting Arbitration Agreements Smart Charts
Look for this feature in the Practice Tools area of the database. Provides researchers with a cross-comparison of various national statutes and their provisions with regard to specific issues that may arise in the context of ICA agreements.
- Model Clauses and Rules from Westlaw
Allows researchers to search for model clauses from a variety of important arbitral institutions. To locate this feature, browse "International Materials" from the home page. Then select "International Arbitration Materials" from the right hand side of the screen. Scroll down until you reach the section on "Model Clauses."
- CPR Dispute Resolution Clauses for Business Contracts in Europe
Lexis offers this source for researchers, which includes "[p]re-dispute clauses that can be used in standard business agreements in Europe and more detailed clauses with drafting guidance for business agreements." *** Can be located in Lexis.com under "International Arbitration".
Many private arbitral institutions include model clauses for use in the drafting of arbitration agreements. This provides a few examples of the model clauses you might find from the arbitral institutions. In drafting the arbitral agreements, drafters should pay special attention to areas involving the choice of the arbitrator, the place of the arbitration, the language of the arbitration. Drafters may also wish to include a provision concerning the substantive law used to govern the contract. See Margaret Moses. Introduction to International Commercial Arbitration, 41-44 (2008).
Below you will find some articles within the UDM Law Library's collection that may be helpful regarding the drafting of arbitration clauses. If you have trouble accessing the Kluwer resources, click on "IP Access."
Stephen R. Bond, How to Draft an Arbitration Clause, Journal of International Arbitration (1989 Volume 6 Issue 2) pp. 65-78.
Dr. Iur Oliver Dillenz, Drafting International Commercial Arbitration Clauses, 21 Suffolk Transnational L. R., 1998, at 221.
Troy L. Harris, Drafting International Arbitration Clauses for Cross-Border Transactions, 23 Michigan International Lawyer, 2011, at 3.