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Under the New York Convention, other international arbitration instruments, and most national arbitration regimes, parties enjoy broad autonomy to draft international arbitration agreements in the fashion they desire. The parties’ autonomy inevitably produces a wide range of different arbitration agreements. Arbitration clauses can be very short (a few words) or . . . Read more
The formation and validity of international arbitration agreements are of vital importance to the arbitral process. Both issues arise in many international arbitration cases and can have a decisive impact on the course of arbitral proceedings. This chapter provides an overview of issues relating to the formation and validity of . . . Read more
It is elementary that international arbitration is consensual: without an agreement to arbitrate, of some sort, there can be no arbitration.1 At the same time, the terms of the parties’ arbitration agreement play a central role in defining the character of any arbitration, including the arbitral proceedings, and in producing . . . Read more