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Drafting an Effective Arbitration Agreement

Updated: Dec 9, 2020

In many commercial contracts in which the parties agree to resolve disputes through arbitration, the arbitration clause itself receives insufficient attention during the negotiation and drafting process. Poorly drafted arbitration clauses can lead to unintended consequences and protracted disputes.

In this presentation, first delivered virtually at the CADRIn Connect Webinar on 5 August 2020, Apoorva Patel, Counsel at WilmerHale, Washington, draws on his extensive experience in the field to help guide clients and attorneys around the key elements of an effective Arbitration Agreement.

Contributor: Apoorva Patel

Apoorva Patel is a counsel in WilmerHale’s International Arbitration and International Litigation practices and is based in Washington, DC.  His practice focuses on the resolution of complex international disputes through commercial and investor-State arbitration and cross-border litigation.  Mr. Patel has represented and advised clients across the globe in the biotechnology, construction and engineering, defense, energy, financial services, insurance, pharmaceutical, technology and telecommunications industries, among others.  In addition to his experience in commercial and investment arbitration proceedings worldwide, Mr. Patel also has experience in international civil and commercial litigation in US courts, a range of disputes involving foreign sovereigns and their instrumentalities, and court proceedings in multiple jurisdictions relating to the enforcement or challenge of arbitration agreements or arbitral awards. Beyond his work as an advocate, Mr. Patel serves on the Global Advisory Board of the International Centre for Dispute Resolution’s Young & International group and the Editorial Board of the American Bar Association’s (ABA) International Dispute Resolution News publication.  Mr. Patel is also a Vice Chair of the ABA’s International Arbitration Committee and International Litigation Committee and a member of the national leadership committee of the ABA Young Lawyers Division’s diversity initiatives.

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