Arbitration and Alternative Dispute Resolution

How to Settle International Business Disputes

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This handbook focuses on available methods for preventing and resolving commercial disputes in international commerce. It examines the different types of disputes encountered in international trade and outlines the fundamental principles applicable to international commercial arbitration. Text of the major international arbitration convention and rules, as well as a list of arbitration institutions worldwide are also included.

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Drafting an arbitration clause: Preliminary questions

In the previous eight chapters, the settlement of international business disputes by way of arbitration has been emphasized. This method of dispute resolution is the one most often used by business people. In fact, today, it is virtually the rule in international trade and therefore the use of some kind of dispute resolution clause in contracts is strongly recommended. As previously mentioned, there cannot be arbitration without an arbitration agreement – so it is necessary for the parties to draft an arbitration agreement in their contract. The next section will deal only with the drafting of arbitration agreements, and not with agreements referring to State courts.

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