The consequences of poorly drafted arbitration clauses

Arbitration is the “mechanism of choice for many transactions”, with a growing appetite for this approach in Australia. However, if clauses are not properly drafted, the benefits of arbitration can be lost, argues one BigLaw partner. In this episode of The Lawyers Weekly Show, host Jerome Doraisamy speaks with Corrs Chambers Westgarth head of arbitration Nastasja Suhadolnik about her journey and interest in arbitration, the increasing embrace of arbitration in Australia, how and why poorly drafted clauses occur, and the implications when this occurs. Suhadolnik also delves into the myriad benefits of arbitration (when undertaken correctly), what it means to be a good arbitrator, the prevalence of issues with clause drafting, whether Australia risks not being seen as an attractive destination for arbitration, and how best practitioners in this space can service their clients.

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