Denmark arbitration course · Deck 5 of 8
Pathological Arbitration Clauses
Small words, expensive consequences.
Validity — Enforceability — Digital Resilience
Learning outcomes
- Detect optional or conflicting dispute resolution wording.
- Identify clauses that create parallel court and arbitration risks.
- Redraft unclear clauses into enforceable language.
Teaching outline
- Optional vs mandatory arbitration language
- Hybrid court-and-arbitration clauses
- Unclear institutions, rules and appointing authorities
- Case patterns: when pathological wording blocks enforcement
- Redraft lab: fix three defective clause extracts
Educational material for teaching international commercial arbitration and contract drafting. Not legal advice.