Agreements for commercial arbitration
A dispute resolution clause deserves attention before a conflict arises. It should fit the transaction and make clear which disputes will be submitted to arbitration and on what terms.
At Bernal Aquino, we advise on drafting and reviewing commercial arbitration agreements. We also assess existing clauses when their scope or the proper route for a claim is disputed.
Our approach to the matter
We study the parties, their obligations and the documents connected to the transaction. We identify conflicting clauses or different agreements about how disputes should be resolved.
Documents for the initial review
- The contract and schedules containing the arbitration agreement.
- Negotiated drafts and related agreements.
- Information about the parties and commercial transaction.
- Claims or correspondence exchanged if a dispute already exists.
The review may take place during contract negotiations or after a dispute arises. Identifying which situation prompted the consultation helps define the work from the outset.
Request an appointmentQuestions about this service
Is copying an arbitration clause from another contract enough?
We review the clause in light of the parties, transaction and disputes it may generate. The seat, language, rules and tribunal appointment process should be considered alongside costs and enforcement of a potential award. A clause taken from another agreement may leave significant decisions unresolved.
Can you review a clause after a dispute has begun?
We examine the full contract, amendments and correspondence about the dispute to identify the scope of the arbitration agreement. This review informs procedural decisions and coordination with other steps. If a request for arbitration has already been received, we also need its attachments and the notification.
Related services
Drafting and reviewing commercial contracts
Service, supply and lease agreements tailored to the transaction.
Breach of contract disputes
Disputes over obligations, payments, deliveries and contract termination.
Recognition, enforcement and setting aside of awards
Court representation to enforce an award or address a challenge.