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What negotiation stance do
corporations adopt with regard
to certain aspects of the
arbitration?
The law governing the substance of the
dispute, the seat and the institution/rules are
also important issues, but the majority of
respondents will concede these issues if there
are compelling reasons or they receive
something in return (represented in the three
categories referring to party willingness to
concede in Chart 3). 78% of respondents will
concede the governing law in these
circumstances, 75% will concede the seat
and 74% will concede the institution/rules.
14% of respondents have ‘no particular
preference’ regarding institution/rules, higher
than the proportion for governing law and
seat. This finding suggests that selecting the
governing law and seat is more important for
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