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1 Choices about international arbitration contd.
Some interviewees explained how their
policies operate as a blueprint for the
negotiation of an arbitration clause. Some
policies set out the ‘acceptable’ governing
laws, seats and institutions that may be
offered or accepted in negotiations. According
to interviewees, this flexible approach is an
effective way to encourage uniformity of
approach in legal teams of large corporations.
It can also provide an advantage in
negotiations because the corporation has
already weighed up the risks and advantages
attaching to particular choices and can suggest
strategically favourable alternatives to its
counterparty.
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