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  • videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Corporate Law
  • schedule 90 minutes

Drafting and Enforcing International Arbitration Clauses in Cross-Border Contracts

Minimizing Jurisdictional Fights, Accelerating Relief, and Safeguarding Enforceability

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About the Course

Introduction

This CLE webinar will examine drafting effective arbitration clauses for cross-border contracts; minimizing judicial litigation regarding arbitrability and jurisdiction, maximizing the odds of obtaining adequate relief, and safeguarding recognition and enforceability under the New York Convention. The panel will address the choice of arbitral bodies, such as ICC, LCIA, SIAC (2025), HKIAC (2024), and ICDR and the benefits of form or bespoke arbitration clauses. The panelists will discuss provisions for curial law, governing law, tribunal composition, language, and multi-contract considerations that influence arbitration outcomes.

Description

Recent rulings and guidance have impacted best practices for contract drafting, including the UK Arbitration Act 2025's new default rule (law of the arbitration agreement = law of the seat unless expressly chosen otherwise) and recent U.S. Supreme Court decisions (Smith v. Spizzirri; Coinbase v. Suski).  

Listen as our panel covers practical drafting options for in-house and deal counsel to ensure arbitration clauses align with business goals, counterparties, and the law of the framework in which the client may seeks to enforce an award.

Presented By

B. Ted Howes
Independent Arbitrator
Howes Arbitration
Michael James Maloney
Partner
Felicello Law PC

Mr. Maloney is an experienced trial attorney who has recovered millions of dollars on behalf of clients. As lead counsel, he has tried cases in both court and arbitration proceedings. Mr. Maloney guides his clients through the litigation process with personal attention and a hands-on approach. His practice spans a wide array of disputes and claims including civil rights, securities, commercial, financial, intellectual property, personal injury, legal malpractice, and medical malpractice. Mr. Maloney is an experienced appellate advocate and has successfully briefed and argued appeals in state and federal courts on a range of legal issues. He also advises clients on corporate and transactional matters. Mr. Maloney has lectured and published on legal subjects including arbitration and civil procedure.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, December 4, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction

II. Clause construction for international agreement (scope, seat, rules, arbitrators, language, law)

III. Choice of seat, governing law of the arbitration agreement, UK update

IV. Procedural Matters: joinder/consolidation, expedited proceedings, emergency/interim measures

V. U.S. and global enforceability (NY Convention, Spizzirri, Coinbase)

VI. Best practices: model language and common redlines

VII. Practitioner takeaways

VIII. Conclusion with Q&A

The panel will cover these and other important topics:

  • The impact of choice of arbitral bodies, such as the ICC/LCIA/SIAC/HKIAC/ICDR and use model clauses vs. bespoke
  • Drafting for governing law (post-UK Act 2025) and choice of seat
  • Understanding recent rulings and guidance on enforceability within courts vs. arbitration forum
  • Guidance on multi-contract and joinder/consolidation, emergency relief, expedited proceedings
  • Aligning dispute resolution provisions across multi-document agreements and multi-agreement projects