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The View From an International Arbitration Customer: In Dire Need of Early Resolution

October 2009
ArbitrationEnergy

Abstract

In-house lawyers live in a world where every day the practice of law directly interfaces with the operation of a business. Within this world, the focus is not just on winning but on advancing the overall commercial needs and objectives. If the company prevails in a dispute but the commercial goals are not advanced - and advanced in a timely fashion - then we have still fallen short in the eyes of the business. The same lesson applies to our outside counsel and to the institutions who oversee the arbitration process. As a consequence, we believe that international arbitration institutions and professionals should be more mindful of the goals and objectives of businesses that are the customers of dispute resolution services.

Authors

Portrait image of Michael Mcilwrath
Michael Mcilwrath
ICC Dispute Resolution Services, CEO, MDisputes, Italy

Michael Mcilwrath has conducted mediations and arbitrations around the world under the rules of the leading international and regional institutions as well as domestic and international ad hoc procedures. Michael spent 22 years as in-house counsel leading dispute resolution teams, most recently as Vice-President of Litigation for Baker Hughes, an energy technology company. Prior to that he was Global Chief Litigation Counsel for GE Oil & Gas, and General Electric’s lead litigation lawyer for Europe. His experience spans the range of disputes arising in technology and services industries, including oil & gas, renewable energy, transportation infrastructure, environmental, healthcare, M&A, and intellectual property.

Companies

CEO, MDisputes

ICC’s market-leading dispute resolution services offer a wide choice of administered procedures as an alternative to litigation for resolving domestic and international disputes. Their globally accessible and completely neutral services are available to anyone: from individuals and private sector enterprises to states and state entities.

General Electric Company

Y

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