1. INTERNATIONAL ARBITRATION Domenico Di Pietro
STUDYING LAW AT ROMA TRE FALL SEMESTER
INTERNATIONAL ARBITRATION Domenico Di Pietro
28 October 2010

2. DRAFTING TIPS AND ARBITRATION PLANNING
Characteristics of the parties
Nationality
Role in the transaction
Limitations
Immunities
First or one-off transaction?
Awareness of arbitration agreement
The characteristics of the transaction
Arbitrability
Long term relationship?
Confidentiality is an issue?
What kind of arbitration?
What kind of clause? Tailor made or boiler plate?
What kind of tribunal? What kind of procedure?
Where?
Arbitration friendly?
Local courts’ attitude

3. ANALYSING ARBITRATION CLAUSES I
“Any dispute or claim by one party against the other shall be amicably resolved by the Parties’ representatives. Should the settlement negotiations fail, any difference relating to the interpretation of this agreement, shall be amicably resolved by arbitration under the rules of the international arbitration court. The arbitration shall be held in London or Paris, at the exclusive choice of the defendant. The parties submit to the exclusive jurisdiction of the English courts”

4. ANALYSING ARBITRATION CLAUSES II
“In case of disputes, if any, arbitration, London”

5. SCENARIO I
European Party A enters into a contract with Asian Sovereign State B for the supply of 1M screwdrivers.
Party A will have the screwdrivers manufactured by South American Party C

6. SCENARIO II
Research and Development agreement relating to groundbreaking new chemical product and relevant trademark.
Parties are European Company A and Chinese Company B

7. SCENARIO III
Foreign investor from country A wins bid launched by host State B for the concession of the national water and sewage system
Draft Concession contract considering BIT in place between Countries A&B providing for one of the following alternatives:
- UNCITRAL arbitration
- ICSID arbitration