Drafting International Arbitration Agreements

Prishtina, February 25, 2016 –  The importance of using arbitration clauses and the numerous opportunities arising from their use, models and key elements of arbitration clauses, defining characteristics and objectives of the international commercial arbitration, were only some of the topics included on the presentation delivered by the very successful lawyerDuncan Speller, during the seminar on ‘Drafting Arbitration Clauses’ organized by the AmCham Kosovo Arbitration Center.

Duncan Speller is a partner at Wilmer Hale law firm (London office) and a member of the International Arbitration Practice Group, where he practices International Arbitration and English High Court Litigation. He has represented clients in numerous institutional and ad hoc arbitrations, sited in both common and civil law jurisdictions, including England, New York, Hong Kong, Singapore, France, Switzerland, Sweden, Austria and Germany. Mr. Speller has been recommended for international arbitration by The Legal 500 UK in 2013.

The arbitration agreement is the cornerstone of commercial arbitration. As such, during the presentation by Mr. Speller, it was said that the drafting of arbitral clauses in defined terms and leaving no room for interpretation is fundamental. Flawed arbitration agreements provide the option of opening court proceedings, this way leading to a scenario which is contrary to the purpose of arbitration. Therefore,Speller explained to the participants what should be done in order to avoid these drawbacks with an impact in resolving disputes.

Further, Speller spoke on the importance of planning disputes and how this is connected to the commercial security, procedural advantage of avoiding unnecessary delays and maximizing implementation of the company rights. He also spoke about the situs (location) and the arbitral institutions, qualifications and selection of arbitrators and other elements that make this process complete and efficient.

In the end, participants had the opportunity to address their questions to Mr. Speller, who responded to them with detailed answers and specific examples from his experience of many years in this field.