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How to defend arbitration proceedings

Determining the possibility of alternative dispute resolution and assembling the team are the first steps.

Having an international arbitration claim land on your desk is one of the most challenging scenarios in-house counsel can face. It is vitally important to the business for in-house counsel to come to grips with the claim quickly and effectively coordinate the strategy and response on behalf of the company.

This series of brief guides will review some of the most pertinent points to consider when coordinating the defense to an international arbitration claim.

After establishing the identity of key employees, the next step is to assemble a dedicated arbitration team. This should include the in-house counsel, outside counsel, a final decision-maker and the staff members most involved in the dispute.

It is advisable to nominate a final decision-maker who can represent the company in the dispute and act as the “client.” It is important that this person be someone who is able to make decisions on behalf of the company and is easily contactable when urgent decisions need to be made.  

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Andy Moody

Andy Moody is a senior associate at Eversheds LLP, specializing in international arbitration, international litigation and international law.

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