Negotiating & Drafting International Arbitration Agreements Christopher R. Drahozal John M. Rounds Professor of Law University of Kansas School of Law

1.Neutrality of forum 2.Enforceability of award 3.Expertise of arbitrators 4.Flexibility of procedures 5.Confidentiality Why Arbitrate?

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. Model ICC Arbitration Clause

1.Legal seat (v. physical hearing location) 2.Applicable substantive law 3.Institutional (v. ad hoc) arbitration 4.Number and selection of arbitrators 5.Language of arbitration 6.Mediation or other preconditions Other Provisions