Can the NAI assess a draft text for resolving disputes?


In most cases, it is advisable to use the recommended standard text. Practice has shown that the NAI clause is worded so as to avoid as many problems as possible. Nevertheless, there are circumstances in which a tailor-made arbitration clause will have to be drawn up. In such cases, the NAI will advise on the drafting of the clause.

Clauses in which certain disputes are submitted to arbitration and others to binding advice and/or a court judgement are usually discouraged. This is because it will not always be clear whether a dispute falls into one category or the other.