What to keep in mind
Define forum, law, seat, institution, procedural steps and availability of interim measures, avoiding contradictory provisions.
An unclear forum clause can generate a preliminary jurisdiction dispute rather than resolve the commercial issue.
Distinctions often confused
Mediation, arbitration and ordinary litigation have different legal effects.
Frequently asked questions
Is arbitration always better than court litigation?
No. Costs, confidentiality, speed and enforceability depend on the transaction.
Can the clause require negotiation before arbitration?
Yes, if the pre-arbitration steps are sufficiently clear and workable.
Informational content. It is not a substitute for professional advice.