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Who makes the ultimate decision
about arbitration clauses?
Corporations vary significantly in terms of
organisation of their internal legal teams. We
asked questionnaire respondents who makes
the ultimate decision about the choice of law,
seat and institution. 33% of respondents said
it is the general counsel and 15% said it is the
general counsel in consultation with external
counsel. 14% said that the decision is made
by ‘specialist corporate counsel’. Interestingly,
in 11% of corporations the commercial or
business unit will make the ultimate decision.
The 11% who selected ‘other’ mainly said the
decision is made by the general counsel or
specialist legal counsel in consultation with
the relevant business unit.
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