| Commentary

5.3 Arbitration—drafting issues

| Commentary

5.3 Arbitration—drafting issues

The contract drafter is faced with some difficult choices when drafting an arbitration clause. If the clause is to deal with every possible aspect, it might well be longer than the main commercial provisions of the agreement. Instead, parties tend to include a relatively short arbitration clause in the commercial contract, and rely on the legal framework provided by the Arbitration Act 1996. They may then choose to supplement these provisions with a more detailed arbitration agreement, if a dispute arises.

Some detailed considerations for the contract are discussed below. In addressing the following key issues, the drafter

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