Cross-Cultural Perspectives On Effective Advocacy In International Arbitration - Or, How To Avoid Losing In Translation

April 2012
Asian Dispute Review
The importance of understanding and accounting for cultural differences in effectively representing clients in international arbitration cannot be underestimated. Whether working in Asia or elsewhere, regional business practices and cultural norms have a profound effect on the human behavior that underlies business disputes, as well as the way witnesses conduct themselves in an arbitration hearing. In international arbitration, of course, cultural challenges can be magnified by the nature of the proceedings, for not only may the parties and witnesses themselves come from different business cultures, but the arbitrators may hail from countries or regions differing from those of the parties.