BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month December 4, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • 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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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 counsel seeks to enforce an award.

Presented By

B. Ted Howes
Independent Arbitrator
Howes Arbitration

Mr. Howes is an independent arbitrator based in New York. He has acted as co-arbitrator, tribunal chair and sole arbitrator in a wide variety of complex commercial disputes, across a range of industries, under the world’s leading arbitration rules. Mr. Howes serves as arbitrator in both international and domestic disputes, with a particular focus on international arbitration. Prior to becoming a full-time arbitrator in 2025, he specialized in international arbitration for over three decades, acting as counsel for clients in arbitrations around the world in disputes governed by both common and civil law systems, in addition to acting as arbitrator. During his years of practice as counsel, Mr. Howes was a partner at the international law firms of Mayer Brown LLP and (prior to that) McDermott Will & Emery LLP, where he served, respectively, as the U.S. Head of Mayer Brown’s International Arbitration Practice Group and the Global Head of McDermott Will & Emery’s International Arbitration Practice Group.

Michael James Maloney
Partner
Felicello Law PC

As lead counsel, Mr. Maloney has tried cases in both court and arbitration proceedings. He guides his clients through the litigation process with personal attention and a hands-on approach. Mr. Maloney's practice spans a wide array of disputes and claims including civil rights, securities, commercial, financial, intellectual property, personal injury, legal malpractice, and medical malpractice. He is an experienced appellate advocate and has successfully briefed and argued appeals in state and federal courts on a range of legal issues. Mr. Maloney also advises clients on corporate and transactional matters. He 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. Institutional tools: 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

The panel will cover these and other important topics:

  • Understanding the ICC/LCIA/SIAC/HKIAC/ICDR/SCC frameworks and when to 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