Maintaining Momentum and Managing Risk: Ensuring Business Continuity with your Dispute Resolution Toolbox

February 2024

Abstract

In the contemporary business world, disputes are a common and sometimes inevitable reality, ranging from minor distractions to major obstacles. Each dispute has the potential to disrupt the smooth operation of a business. Drawing on the International Chamber of Commerce’s century of expertise in resolving business disputes, this article offers a detailed exploration of various alternative dispute resolution tools, including arbitration, mediation, and dispute boards. Each of these tools is designed to keep business moving when conflicts arise. This article highlights the versatility of these tools in handling different types and sizes of business disputes and emphasizes the vital role of dispute resolution tools in promoting and maintaining business momentum. Aimed at in-house counsel and business leaders, this article guides the reader in evaluating these tools, providing insight into determining the right dispute resolution mechanism to fit their company’s specific needs and future vision. The goal of this article is to help these decision-makers more effectively manage both short-term risks and long-term strategic business objectives.

Authors

Ulrich Kopetzki

Director, Arbitration and ADR, Europe, International Chamber of Commerce, Austria

Ulrich Kopetzki is an Austrian lawyer specialising in conflict resolution and dispute prevention, with a particular focus on international arbitration. Ulrich currently acts as the Director for Europe for ICC Dispute Resolution Services. Ulrich graduated from the law school of the University of Vienna (2012). He worked in the arbitration department of Wilmer Cutler Pickering Hale and Dorr LLP before starting his first position at the Secretariat of the ICC International Court of Arbitration in Paris. At the ICC, he worked as Deputy Counsel (2014-2016) and as Counsel of the German-speaking case management team and the Eastern European case management team (2017-2018). He re-joined the ICC in his current role in 2022. As Counsel at the ICC, Ulrich mainly dealt with cases from Eastern Europe, Austria, Switzerland, Germany and Nordic countries. He gained extensive experience in international arbitration proceedings, in particular in post-M&A disputes, joint venture, licensing and distribution agreements as well as in engineering and construction disputes, including especially FIDIC disputes. He supervised over 500 arbitrations, including several investment treaty and emergency arbitrator cases and was involved in the review of some 100 awards as part of the ICC Court's scrutiny process. As an arbitration practitioner since 2018, Ulrich has acted as counsel and independent arbitrator under various institutional rules. His track record includes cases under the ICC, DIS, VIAC and KCAB Rules. Ulrich has been described as a "rising star among Austrian arbitration practitioners" and is recommended for bringing "a wealth of experience from his tenure at the ICC Secretariat" and being "very knowledgeable" (LEGAL 500). Furthermore, he is listed as a "Future Leader" in Arbitration by Who's Who Legal. Finally, Ulrich teaches at various European universities and was a Visiting Scholar at the Kellogg School of Management at Northwestern University in Chicago (2016), where he conducted negotiation research and completed the DRRC Negotiation and Mediation Research and Teaching Certificate Program.

Abbey Hawthorne

Deputy Director, Arbitration & ADR, North America, International Chamber of Commerce, USA

Abbey Hawthorne is Deputy Director of Arbitration & ADR for North America at the ICC International Court of Arbitration (SICANA, Inc.) in New York. She has been in this role since 2022. Abbey oversees educational services for in-house counsel teams, law firms, and arbitrators utilizing ICC dispute resolution services throughout the United States and Canada. Abbey has authored several internal and external pieces including "Ten Tips on How to Make an Arbitration Award Work." Prior to her role as Deputy Director, Abbey was an adjunct professor at Arizona State University's Sandra Day O'Connor College of Law where she taught U.S. Law & Legal Analysis and worked at firms specializing in business immigration law and litigation in Arizona. Abbey holds a J.D. focused on international commercial arbitration & alternative dispute resolution from Arizona State University, where she also earned dual bachelor's degrees and was a three-time U.S. Department of State Title VIII Fellow.

Vera HE

Deputy Director, Arbitration and ADR, North Asia, ICC Dispute Resolution Services, China

Vera He is the Deputy Director of Arbitration and ADR for North Asia at ICC Dispute Resolution Services. The North Asia office is responsible for business development of ICC dispute resolution services in the North Asia region. Prior to joining the ICC, she developed her experiences in law firms and international organizations. She read law at Shanghai University of Political Science and Law. She is admitted to the Chinese Bar and speaks Chinese and English.

Tejus Chauhan

Director, Arbitration and ADR, South Asia and Pacific,, ICC Dispute Resolution Services, Singapore

Tejus Chauhan is the Director of Arbitration and ADR for South Asia and Pacific at ICC Dispute Resolution Services. As such, Tejus is responsible for structuring and implementing ICC’s strategy, overseeing operations and promotion of ICC Dispute Resolution Services in over 20 countries covering South, Southeast Asia and Pacific. Tejus is also an avid promoter of opportunities for young practitioners and leads ICC’s Young Arbitration and ADR Forum (YAAF) for South Asia. Working alongside the case management team in Singapore and overseeing a team of deputy directors in the region, Tejus focuses on assisting companies, counsels, and investors in the region understand how they can resolve commercial disputes by raising their awareness about ICC dispute resolution services and advising on ICC arbitration proceeding protocol. Tejus earned his law degree in India. Upon graduation, Tejus started as an associate with a law firm. Prior to joining ICC in Singapore as Director, Tejus also worked with the ICC in India and with the forensic and dispute advisory services at a Big Four audit firm.

Companies

International Chamber of Commerce

The International Chamber of Commerce (ICC) is the institutional representative of more than 45 million companies in over 170 countries. ICC's core mission is to make business work for everyone, every day, everywhere. Through a unique mix of advocacy, solutions and standard setting, we promote international trade, responsible business conduct and a global approach to regulation, in addition to providing market-leading dispute resolution services. Our members include many of the world's leading companies, SMEs, business associations and local chambers of commerce.

International Chamber of Commerce

Founded in 1919, the International Chamber of Commerce (ICC) is the institutional representative of more than 45 million companies in over 170 countries. ICC's core mission is to make business work for everyone, every day, everywhere. Through a unique mix of advocacy, business solutions, and standard setting, we promote international trade, responsible business conduct, and a global approach to regulation, in addition to providing market-leading dispute resolution services.

ICC Dispute Resolution Services

The International Chamber of Commerce (ICC) is the institutional representative of more than 45 million companies in over 170 countries. ICC’s core mission is to make business work for everyone, every day, everywhere. Through a unique mix of advocacy, solutions and standard setting, it promotes international trade, responsible business conduct and a global approach to regulation, in addition to providing market-leading dispute resolution services. Its members include many of the world’s leading companies, SMEs, business associations and local chambers of commerce.

Maintaining Momentum and Managing Risk: Ensuring Business Continuity with your Dispute Resolution Toolbox

Abstract

Authors

Companies

International Chamber of Commerce

International Chamber of Commerce

ICC Dispute Resolution Services

ICC Dispute Resolution Services

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