The Alternative Dispute Resolution Cell at the National Law Institute University, Bhopal, organised a webinar as part of the Lex Peritia Knowledge Series, featuring Mr. Roberto Pirozzi. The webinar aimed to provide insights into the intricacies of drafting comprehensive arbitration clauses in international commercial contracts.

Mr. Pirozzi, an expert in domestic and international litigation, arbitration, and antitrust matters, showcased his expertise during the recent webinar. He holds memberships in the Bars of Rome and New York, and affiliations with IBA and CCIIST. Additionally, he serves as an Adjunct Professor of Negotiation and International Business Law at LUMSA and The American University of Rome.

Mr. Roberto addressed key topics during the session, discussing elements such as drafting techniques, complexities in international contracts, jurisdictional disagreements, and the importance of clarity in arbitration and mediation clauses. He emphasized the rising prominence of international arbitration over the past decades, emphasizing its advantages over litigation. Mr. Pirozzi highlighted the distinction between Ad hoc arbitration, providing flexibility but requiring cooperation, and Institutional arbitration, involving specialized institutions and established procedural rules.

Regarding the conditions for a valid International Commercial Arbitration Agreement, he underscored the importance of capacity, substantive conditions, and a written agreement. He emphasised the need for legal capacity, meeting ordinary contract requirements, and obtaining clear consent. Careful drafting was called to the centre of attention, urging the
avoidance of “pathological clauses” and outlining principles such as clarity, conflict avoidance with mandatory rules, and adherence to drafting rules. He stressed upon the absence of a one-size-fits-all standard arbitration clause, encouraging parties to consider specific circumstances when drafting. Basic elements, including a reference to arbitration, incorporation of rules, seat of arbitration, language choice, handling multiple parties, excluding appeal rights, providing for interim measures, and ensuring confidentiality, were highlighted.