Introduction

It often happens that while parties intend to settle their dispute through arbitration, they find themselves before a state court, simply because their arbitration clause was poorly drafted and could not be implemented. This lack of attention to the arbitration clause during the drafting or negotiation stage of a contract is usually explained by the fact that both parties tend to concentrate their efforts on its technical and commercial terms. The other provisions, such as provisions dealing with settlement of dispute, force majeure, applicable law or notices are ...