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ARTICLE · 26 OCTOBER 2016

Burning The Boiler Plate - Drafting An Effective Arbitration Clause

In this article, we look at the elements of an arbitration clause, what factors should be considered when drafting an arbitration clause and give five "top tips" on how to draft an effective clause.

QatarLitigation, Mediation & Arbitration

John is an in house counsel for a large Chinese company working on a cross border transaction with a Qatari company.  It is 11:30pm on a Thursday night and John has to prepare the final draft of the contract for the Managing Director who is due to sign it with the counter party in Doha the following day.
John gets to the dispute resolution clause at the end of the contract which provides for disputes to be referred to the Qatari Courts.  John is not quite comfortable with this and decides arbitration would be better.    Short on time, John uses a "boiler plate" arbitration clause the company has used in previous contracts in Qatar which simply provides for disputes to be referred to "arbitration in Doha".

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