At our team's 2023 Construction Seminar in Houston, Rich Tyler and I presented “Coming to America: International Arbitration and its Influence on Domestic Arbitration.” With the increasing globalization of domestic construction projects, international arbitration has become more prevalent in the US. Inevitably, these arbitration agreements cite to international arbitral bodies to administer these disputes. In this presentation, we covered the differences between international and domestic arbitration and discussed ways to improve one's arbitration provision by adopting lessons learned from international arbitration disputes we've personally handled. 

There are a few things to consider when drafting arbitration provisions:

• Pre-arbitration requirements (negotiation, mediation)
• Scope of issues subject to arbitration (carve outs)
• Selection of arbitrator(s)
• Language of arbitration
• Location of arbitration
• Seat of arbitration
• Governing law
• Confidentiality
• Consolidation and/or Joinder
• Rules of evidence
• Discovery
• Form of the award
• Time limit for award
• Appeal rights and grounds therefor

Rich and I cover these topics in depth and offer suggestions in our full presentation. We are looking forward to hosting our 2024 Construction Seminar this fall.