Perspectives

Perspectives on International Arbitration Strategy

Independent observations on arbitration strategy, arbitrator selection, case assessment, and the decisions that shape outcomes.

What an Independent Arbitration Advisor Actually Does

The role is not widely understood. That is partly because it is genuinely different from anything else in the arbitration ecosystem.

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Why Your Arbitration Counsel Cannot Give You a Second Opinion

It is not a question of competence. It is a question of structure.

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How to Select an Arbitrator: What the Résumé Doesn't Tell You

Arbitrator selection is the highest-leverage decision in the case. Most parties treat it as a credentials exercise. It is not.

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Independent Case Assessment in International Arbitration: A Practical Guide

An independent case assessment is not a case review. The distinction matters.

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Investor-State Arbitration: What Governments and Investors Get Wrong

Investor-state arbitration is different from commercial arbitration in ways that matter. Most of the mistakes made in it come from treating it as if it were not.

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When to Bring In an Independent Arbitration Advisor

The honest answer is: earlier than you think.

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Pressure Testing

Better Before Battle.

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The Arbitrator Who Looks Perfect

The best résumé does not necessarily make the best arbitrator.

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The Case You Should Try to Lose

Before trying to win an arbitration, try to lose it.

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The Witness Everyone Believes

One of the most dangerous sentences in arbitration is: "He'll make a great witness."

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Damages Are Not the Last Chapter

Liability gets the attention. Damages often get the spreadsheet.

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The Settlement Number Nobody Wants to Say

Every arbitration has a settlement value. That does not mean the parties know what it is.

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Pressure-Tested Procedures

Energy disputes can begin with poorly designed transaction procedures. Pressure-testing risk, verification and performance may prevent disputes before arbitration becomes necessary.

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