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.
Commercial factors. Each company will have its own commercial factors to take into consideration, such as:
- Whether there is a desire to preserve an existing business relationship
- Whether it is involved in other concurrent disputes
- How affordable the dispute is
- Other commercial projects and ventures that could be affected by the dispute
- Whether the dispute relates to particular trade knowledge
Strategy. Consideration of the best strategy for defending the claim will include the possibilities of making an offer of settlement, suggesting mediation or seeking interim relief.