Practical Checklist for Drafting Arbitration Agreements (England and Wales): Scope, Escalation Clauses, Institutional v Ad Hoc, Tribunal Appointment, Governing/Procedural Law, Seat, Venue, Language, Confidentiality, Enforcement

Published by a LexisNexis Arbitration expert

Checklists

This Checklist

This Checklist sets out points to weigh up when preparing an arbitration agreement or clause. While parties may not be focussed on potential disputes during negotiation of the substantive contract, it is prudent to examine the arbitration provisions carefully, taking specialist advice where needed. If an issue later arises under the main agreement, the parties will not want to lose time deciding-and even litigating-how the dispute should be resolved. A precedent arbitration clause for inclusion in a contract is available here: Arbitration clause.

When drafting an arbitration agreement, consider:

in general:
- Is the agreement drafted with clarity? Reducing ambiguity is widely regarded as essential in any agreement, and that guidance applies equally to arbitration provisions.
- Have you used a standard or model clause from an arbitral organisation, another contract, or a precedent bank? If so, is it up to date, and/or does it require tailoring for your agreement? When adapting a model arbitration clause to suit the parties’ needs, think through each proposed change and, where possible, avoid over-complicating the provision.
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Web page updated on 26/05/2026

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