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1 Choices about international arbitration contd.

Interviews revealed that elements of the
arbitration clause may be traded off against
one another, but it would be rare to trade
these off against clauses in the main contract.
Interviewees said that in most circumstances
the dispute resolution clause is considered to
be of lesser importance than the main
commercial terms. Overall, the approach
adopted by a corporation to a particular
contractual negotiation depends to a high
degree on the nature of the contract and the
corporation’s relative bargaining position,
including the specific commercial interest in
entering into this contract with this party.
Other important commercial drivers are the
need to penetrate a specific market or region.



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