The role of in-house counsel in international arbitration
Produced in partnership with Professor Ugo Draetta
The role of in-house counsel in international arbitration

The following Arbitration practice note produced in partnership with Professor Ugo Draetta provides comprehensive and up to date legal information covering:

  • The role of in-house counsel in international arbitration
  • An introduction to the role of in-house counsel
  • The in-house counsel and commercial arbitration
  • Choosing arbitration as a dispute resolution mechanism and drafting the arbitration clause
  • Managing and documenting pre-arbitration attempts at settlement
  • Contributing to the decision to commence arbitration
  • Selecting and managing external counsel during the proceedings
  • Working with external counsel in selecting arbitrators
  • Costs budgeting and costs management
  • Advising management as to amounts to be posted as reserves
  • More...

This Practice Note considers the potentially broad role of in-house legal counsel in international arbitration proceedings and related matters.

The Practice Note is written with the aim of providing guidance to in-house counsel directly (although as a matter of style we refer to such lawyers objectively in the text), but it should also be useful for practitioners who are working with in-house counsel and/or want to better understand the latter’s role in the arbitral process. It is also worth noting that some of the practical guidance provided may be relevant where the relevant method of dispute resolution is, for example, litigation or mediation.

While the Practice Note focuses on the role of such counsel with respect to international commercial arbitration, the discussion and guidance provided may also be relevant to in-house lawyers involved with international investment arbitration (or investor-state dispute resolution), particularly from the point of view of investors.

The following introductory Practice Notes may be useful: Arbitration—an introduction to the key features of arbitration, International arbitration—an introduction to the key features of international arbitration, Ad hoc arbitration—an introduction to the key features of ad hoc arbitration and Institutional arbitration—an introduction to the key features of institutional arbitration. The ‘Related documents’ also contains links to some of the detailed guidance on arbitration law and practice found in the module.

Note: in-house counsel may also find our International Comparator

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