Lawyer in Liberec — Drafting an Arbitration Clause
A well-drafted arbitration clause for a contract connected to Liberec prevents disputes about where and how a future dispute will be resolved — it should set the seat of arbitration, the language of proceedings, the applicable rules, and the number of arbitrators.
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- What should an arbitration clause always include?
- The seat of arbitration, the language of proceedings, the applicable rules — institutional, or ad hoc under UNCITRAL — and the number of arbitrators.
- Can we reuse the same template clause for other contracts connected to Liberec or elsewhere?
- It isn't advisable — a clause should always be adapted to the specific relationship to avoid contradictory provisions.
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Legal Context
When negotiating a contract connected to Liberec, it's worth choosing a seat of arbitration neutral to both parties, fixing the language of proceedings in advance, and considering institutional rules (e.g. ICC or VIAC) rather than ad hoc UNCITRAL proceedings. The clause should always be reviewed before the contract is signed. Common mistakes include copying a template clause without adapting it to the specific relationship, combining contradictory provisions (arbitration and court jurisdiction at the same time), or leaving the governing substantive law unclear.
When to Contact a Lawyer
Before signing any higher-value cross-border contract connected to Liberec, we recommend having the arbitration clause reviewed by a lawyer.
Documents to Prepare
- The draft contract or its current text
- Background on the existing relationship with the partner
- Any template clauses the parties are considering