Drafting

Common Arbitration Clause Drafting Mistakes That Cost Time Later

Most jurisdictional fights in arbitration trace back to the same handful of avoidable drafting slips.

Published
28 Sep 2026
Read time
1 min read
Seat
Chennai

A "pathological" clause is one so poorly drafted that it invites a preliminary dispute about the forum itself, before either side reaches the merits of the underlying claim.

The recurring culprits: naming a non-existent or defunct institution, leaving the seat and venue undistinguished, failing to fix the number of arbitrators, omitting the language of the proceedings in a cross-border contract, and using both "arbitration" and "litigation" language in the same dispute clause without saying which prevails.

Each of these is a five-minute fix at drafting stage and a months-long argument once a dispute has actually arisen. A clause that answers seat, venue, number of arbitrators, appointing mechanism, governing law and language in a few clear lines will outperform a page of aspirational drafting.

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