Drafting Contracts

Drafting  contracts  is the first step in constituting the right legal contract that guarantees the smooth flow of commercial and civil work amongst the different parties involved in the business contracts.

The development of public and private business life across continents desiring completion to the fullest, has created the need for special rules specializing in commercial contracts and a set of new rules not existing previously.  For example, commercial agencies and international trade, turn-key, distribution, marine, concession (both onshore and at sea), and bank and LC contracts.  Moreover, the scientific international trade rules and regulations such as “incoterms” that run in international trade and marine transportation.

Thus we can see the  importance of  drafting contracts in Arabic and English.  Arbitration Pioneers has the expertise in these matters following through with the desires and requests of the parties involved in the different contracts.  We guarantee the documentation of the rights and obligations amongst the parties involved to set their legal relationships.  These documentations facilitate the rendering of the legal awards in case of any controversies between the parties  by referring to the interpretation of the terms and conditions of the contract in accordance with the legal system to which the contract is subject to.

 In fact, some parties may resort to the adoption of models of some contracts or a model in one item or group of items or rules of precedent settings in books of law or different pre-written contracts that may save time and effort.  However, in case of any controversies, these pre-written contracts or models do not offer up-to-date legal solutions, especially when contacts contain an arbitration clause when the contract is signed between two foreign parties unaware of the legal commercial system for each other.

All contracts are different in nature,  whether civil or commercial.  We can not apply the same terms to all contracts neither can we unify the terms without taking into account the case-by-case basis.  Unifying these terms can lead to unforeseen mistakes by the parties to the different contracts.  One of the most important issues is the undefined contracts that require precision in drafting such as the commercial contracts that have no formal legal shape.  In drafting these contracts, we have to consider speed and smooth implementation to facilitate the mutual obligations among the different parties.

Thus comes the importance and the need of drafting arbitration clauses in a professional legal manner defined by specialized international arbitration professors who are aware of the international schools of legal systems, specially in the American, Western, and the Arab world in drafting contracts and arbitration clauses.  Arbitration clauses, when drafted in a legal and professional manner, will be considered to be independent from the contracts already included, to cure any controversies that may arise among the parties during the process.  These arbitration clauses explain the formation and the composition of the arbitral tribunals and the method of work in managing the arbitration process.  In addition, to determining the subjective law and the procedural law system that will apply in the event of any disputes that may arise between the parties of the contract.

As a team, Arbitration Pioneers, pays great attention to drafting contracts because they represent a very important mechanism to determine the rights and obligations of the parties to the contract and pay great attention to drafting of arbitration clauses, whether being  just a term in the contract or a separate agreement. The arbitration clauses play an important mechanism for settling disputes that may occur during the implementation of the various contracts.  The parties to the contracts may not realize the importance of these arbitration clauses at the time of signing their work agreements.  Arbitration Pioneers takes all the above into consideration when drafting the arbitration contracts.