Frequently asked questions
What you may want to know
Straightforward answers to the questions we hear most often.
International arbitration pressure testing is the independent adversarial examination of a proposed decision, position or strategy before it is put into use. Its purpose is to identify assumptions, vulnerabilities and unintended consequences before they are exposed by opposing counsel, the tribunal or the facts.
Almost anything material to an international arbitration, including clauses, arbitrator selection, case theory, legal arguments, motions, witness and expert positions, damages, submissions, cross-examination strategy, settlement positions, procedural decisions, or hearing strategy. If it matters, it should be independently pressure tested before use.
IAA does not use a one-size-fits-all fee schedule. An engagement begins with a brief preliminary conversation and, where there appears to be a good fit, an invitation to a complimentary ten-minute introductory call. Before any work begins, the scope of the requested advisory service, expected timetable, fee arrangement, and engagement terms are agreed. Fees therefore reflect the particular question, decision, or strategic review requested rather than a standard package.
The preliminary call is a short, private conversation conducted remotely. It is not recorded. Its purpose is simply to meet, understand the matter at a high level, and determine whether it makes sense to continue—and, if so, on what terms. It is not intended to provide substantive advice or resolve the matter during the call.
No. IAA is deliberately selective about its engagements. A request may fall outside IAA's scope, require resources better provided elsewhere, present a potential conflict, or simply not be the right fit. The introductory process allows both sides to make that determination before entering into an engagement.
Because this is the internet—and a little discretion is sensible. Once we've met, discussed your needs, and established a genuine professional relationship, we'll be happy to share appropriate identification and credentials privately. In short: trust should be mutual, earned, and handled like civilized people.
IAA treats preliminary inquiries and client communications with discretion. Prospective clients should nevertheless avoid sending highly sensitive documents or unnecessary personal information before an engagement has been discussed and appropriate arrangements are in place. If additional confidentiality measures are required, they can be addressed before substantive materials are exchanged.
No. The introductory call is an opportunity to determine whether the parties wish to work together. An advisory relationship begins only after the scope, fees, and applicable terms have been expressly agreed upon.
Generally, yes. IAA is structured to work discreetly with clients across locations and time zones. Depending on the nature of the engagement, other arrangements may be discussed where appropriate.
Every engagement is tailored to the particular question or objective. Before work begins, the client and IAA will agree upon the scope of the assignment, the form of the advisory work, the expected timetable, the fee, and any relevant limitations. IAA values clarity at the outset: everyone should understand what is being requested, what will be provided, and on what terms.
No responsible adviser can guarantee an outcome. IAA can guarantee thoughtful attention, candid judgment, intellectual independence, and work directed toward the agreed objective.
Send a concise inquiry describing the general nature of the matter and the assistance you are seeking. Please do not include sensitive documents or extensive confidential information in the initial message. IAA will review the request and, where appropriate, respond with an invitation to a complimentary ten-minute introductory call.
IAA advises on a range of international commercial and investment arbitration matters, including proceedings under the ICC, ICSID, LCIA, ICDR, and UNCITRAL rules. This includes bilateral investment treaty (BIT) and multilateral treaty claims, commercial disputes between private parties, and cross-border matters involving state or state-owned entities.
Arbitrator selection is one of the most consequential decisions in an international arbitration. Beyond public credentials, a sound selection process considers the tribunal's likely approach to the governing law, procedure, evidence, damages, industry context, deliberation, and the issues that will decide the case. IAA provides independent advice on those practical considerations across institutions and jurisdictions, helping counsel and clients assess tribunal composition before appointments are made.
An independent international arbitration advisor provides a fresh, confidential assessment of a consequential decision, position, or strategy without replacing the case team. IAA may pressure test case theory, legal arguments, tribunal selection, witness and expert positions, damages methodology, procedural choices, settlement posture, or hearing strategy. The engagement is tailored to the question at hand and can be useful before a proceeding begins or while it is underway.
Investor-state arbitration (also called investment arbitration or ISDS) involves claims brought by foreign investors against states under bilateral investment treaties, multilateral agreements, or investment contracts. IAA advises investors, states, and counsel on strategy, arbitrator selection, procedural positioning, and risk assessment in these proceedings, including those before ICSID and under UNCITRAL rules.