This dissertation was written as part of the LLM in Transnational and European Commercial Law& Alternative Dispute Resolution at the International Hellenic University. The reason why I chose this particular topic is that International Arbitration is rapidly becoming a leading method for resolving disputes that arise in international commercial transactions. The arbitration agreement itself constitutes the principal basis of the institution of arbitration. One of the major problems that usually occur in the arbitral tribunal is a case of a pathological agreement and particularly, a pathological arbitration clause. The unclear or inconsistent wording runs against the setting in motion of a proceeding and results to challenging the validity and enforceability of the tribunal’s decision. This paper underlines the significance of the drafting process, where small mistakes may give rise to serious unintended consequences, and focuses on the necessary elements of an arbitration agreement with emphasis on pathological arbitration clauses and how to avoid them.
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