The potential advantages of international arbitration are well-known. A common refrain is that arbitration can be more cost-effective and efficient than litigation, particularly for cross-border disputes. It is easier to enforce an international arbitral award than a court judgment across jurisdictions.

However, a poorly drafted arbitration agreement can eliminate these benefits and leave the parties embroiled in expensive, time-consuming fights about the validity, scope, and effect of an arbitration clause.

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