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A poorly-drafted arbitration clause or poorly-drafted governing law clause can undermine the smooth progress of an arbitration. They can often be the cause of a dispute by themselves, in addition to the substantive dispute between the parties.

Parties to domestic and international transactions should always include a well-drafted arbitration clause and a well-drafted governing law clause.

The governing law clause applies to the contract as a whole, but the arbitration clause deals specifically with the arbitration aspect. The two sets of clauses are usually included in different parts of the contract, although often in close proximity to each other.

We encourage you to consider using the model clauses provided in this section, as they are applicable, in your contracts.

If there is no arbitration clause in the contract, the parties can agree to CIAC arbitration by adopting the recommended arbitration agreement.

 
 
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