HomeFWJ TakeawayInternational arbitrationArbitration explainedWhat is an arbitration agreement?

Arbitration can be a brilliant way of resolving disputes without the cost and expense of formal litigation. Our superb team can see whether arbitration can work for you - whichever side of the dispute you are on. Call us today.

An arbitration agreement can come about in 3 ways:

  • The most common is a clause within a commercial contract which directs the parties to resolve their disputes by arbitration.
  • The second is a submission agreement which is a standalone document that is generally used after a dispute has arisen. This is by its nature longer than an arbitration clause, as it details the dispute, whereas an arbitration agreement usually deals with disputes in the future, and so does not need to go into much detail due to the unknown.
  • The final way an arbitration agreement may come about is in an international treaty. Bilateral investment treaties, commonly known as BITs, are agreements made between countries with various rights and undertakings for the promotion and protection of private investments. These bits usually contain a dispute resolution clause that allows investors to arbitrate disputes against the state in which its investment is based. 

The arbitration agreement unsurprisingly is the foundation of arbitrations, and it is important to get it drafted correctly, if it is within your control. For further details, click here for our article on arbitration clauses in agreements.

Whatever your Arbitration enquiry – our team has the expertise to help you. FWJ are experienced in helping clients domestically and internationally resolve their disputes through the use of Arbitration or other types of Dispute Resolution mechanism. No matter what your issues – call our team of experts today and we can help.

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