McGuireWoods London partner Simon Hems authored an article in the March 2026 edition of PLC Magazine examining how businesses can better protect themselves when negotiating arbitration clauses in commercial contracts.
The article explored an often-overlooked aspect of dealmaking. While frequently treated as boilerplate, a poorly negotiated arbitration agreement can introduce unexpected laws and procedures if a dispute arises, potentially undermining a party’s position, Hems wrote.
Hems provided practical guidance on key considerations including the selection of the arbitration seat, governing rules, avoiding unnecessary complexity in arbitration clauses and the impact of recent changes to U.K. arbitration law under the Arbitration Act 2024 — the first major update to U.K. arbitration legislation since 1996.
“If global dealmaking is indeed on the rise, parties would be well advised to protect these deals by inserting arbitration contracts that are negotiated with purpose and on a fully informed basis,” Hems wrote.
Hems advises clients on complex international arbitration matters. His practice focuses on cross-border disputes and commercial litigation.
Subscribers can access the article here.