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

Ulrich Kopetzki, Director, Arbitration and ADR, Europe, International Chamber of Commerce, France

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.

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.

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.