- 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
Welcome! Save 30% on all CLE, CPE, and Professional Skills webinars, plus 15% off any annual pass with code CYBER2025
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
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.
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.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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
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