Beyond Stereotypes: Cross-Cultural Differences that Matter for Lawyers

Abstract

In over two decades as the head of litigation for international companies, I encountered questions of whether cultural differences contributed to our contract disputes with parties in different countries. These questions were often premised on unhelpful stereotypes, and rarely did I have a satisfactory answer. For example, I once had to explain to senior management the need to initiate an international arbitration between our Italian company and a customer in the Middle East after settlement negotiations had failed. The dispute was over a power project. Although the customer’s team had been open to discussion, their lead engineer blocked any progress and grew angry at proposals aimed at fostering greater collaboration. I was asked whether this inflexibility was a reflection of the engineer’s national culture. It seemed an impossible question to answer.