Bird & Bird and Sheppard Mullin's Value of a Multi-cultural Approach in Resolving International Disputes Through Arbitration


Date: 19 September 2016
Time: 08.30 - 10.00 am    Venue: Sheppard Mullin, 2099 Pennsylvania Avenue, N.W., Suite 100, Washington, D.C. 20006


Bird & Bird & First for Disputes

The value of a multi-cultural approach in resolving international disputes through arbitration

International Commercial Arbitration has grown rapidly due to the tactical advantages it offers to companies, both big and small, with operations or plans for operations on an international scale. This seminar will explore why choosing arbitration to resolve disputes might have benefits over domestic litigation and provide tips for overcoming the obstacles of arbitration faced by US-based companies including the question of enforceability of an arbitration clause in certain types of contract, such as online terms of use.

In addition to conflicts of interests and/or conflicts of laws, cultural differences also play an important part in international arbitration and how these differences are handled can determine the success of an arbitral process. This seminar will therefore also offer practical insights into the effective management of cross-cultural issues in international arbitration across Europe, the US and Asia covering:

  • How do different aspects of domestic dispute resolution culture impact procedure?
  • Differences in the approach to initiating and subsequently setting out a party’s case
  • Dealing with documentary and witness evidence
  • Are concepts of “due process” global?
  • Leveraging the choice of counsel to obtain a "home court advantage" in any jurisdiction.

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