CHECKLIST
Before drafting an arbitration clause
Questions to structure choices and avoid ambiguity.
Which disputes will be covered?
Define the legal relationship and verify whether the matters may be referred to arbitration.
Who will administer the arbitration?
Choose institutional or ad hoc arbitration; precisely identify the institution and selected rules.
Where will the arbitration be seated?
Distinguish the seat of arbitration from the venues for hearings and other procedural activities.
How will the tribunal be constituted?
Define the number, appointment method and qualifications of arbitrators consistently with applicable rules.
Which language and rules will apply?
Consider the procedural language, applicable law and consistency of the provisions.
Which practical difficulties are foreseeable?
Consider notifications, costs, remote hearings and the contract's characteristics.
Dimétrio Manjate · 7 October 2026. A supporting tool; a specific clause requires analysis of the contract and applicable framework.