Beyond the Contract:

Bridging the Human Gap in Cross-Cultural B2B Disputes

What happens when contracts clash with culture?

During this year’s ICC Dispute Resolution Forum, hosted by A&O Shearman Netherlands, specialists examined how human behaviour and emotional intelligence are transforming the way global businesses approach conflict resolution.

Despite the increasingly complex legal frameworks that govern international trade, the speakers agreed on a fundamental reality: conflicts rarely stem from the contract itself, but rather from the relationships that underpin it. Each year, over USD 80 billion in international B2B contracts are subjected to arbitration, with cross-border disputes growing twice as fast as global trade. Beneath these statistics lies a human narrative — how individuals from different cultures build, sustain, and sometimes lose trust.

From Legal Clauses to Human Understanding

Throughout the forum, three key themes emerged that continue to shape dispute resolution today.

1. Emotions play a decisive role in business decisions.

As highlighted by Gideon Wilkins in his keynote address, culture and emotion influence business decisions long before a dispute arises. Although corporate negotiations may appear rational, factors such as fear, trust, and motivation often dictate outcomes before any legal provision comes into play.

2. A shift toward pragmatic, relationship-based solutions.

In a panel discussion moderated by Marnix Leijten (De Brauw Blackstone Westbroek), Ana Morales Ramos (Aramco Europe), Thijs Geesink (ABN AMRO Bank N.V.), and Nathalie Laumans (Technip Energies) explored how companies make real-world choices between arbitration, litigation, and mediation.

They compared priorities across sectors: banks value enforceability, legal certainty, and precedents; industrial and energy companies emphasise technical expertise, confidentiality, and preserving long-term relationships.

The discussion pointed to a gradual movement toward interest-based, collaborative approaches that allow parties to safeguard commercial relationships while resolving disputes efficiently.

3. Drafting clauses with clarity and foresight.

In her session on drafting dispute-resolution clauses, Marieke Schaink (A&O Shearman) cautioned that many disputes originate from ambiguity, over-specificity, or copy-paste clauses that fail to reflect the real dynamics of multiparty contracts.

She urged practitioners to:

1. Ensure that the scope of arbitration clauses is broad enough to avoid related disputes ending up in different forums;

2. Choose the seat of arbitration carefully, neutrality and a reliable legal framework prevent surprises on public policy grounds; and

3. Exercise caution when pre-agreeing arbitrator qualifications, as overly narrow criteria can limit the pool of candidates and cause delays. Her key message: a well-drafted clause should serve the business, not constrain it.

4. Innovation, AI, and the Future of Arbitration

As the day concluded, Alexander Fessas (Secretary General, ICC Court) and Marieke van Hooijdonk (Vice President, ICC Court and independant arbitrator) reflected on how AI, expedited procedures, and revisions to the ICC Arbitration Rules are modernising the process while safeguarding due process.

Their dialogue underscored that innovation and fairness must evolve together.

A central message throughout the day was unmistakable: business disputes are not merely legal matters; they are deeply human.

Understanding culture, communication, and emotion is vital for preventing and resolving them.

Spotlight: The Truth About Cross-Cultural B2B Relationships

These themes resonated with ICC’s six-part research series, The Truth About Cross-Cultural B2B Relationships, developed by ICC, Jus Connect, and McCann Worldgroup.

Based on insights from 1,701 business leaders across nine countries, the series examines how culture, emotion, and behaviour influence every stage of international business.

Part 1: The human Connection 2024-05-icc-jc-mccann-truth-report-part1.pdf

B2B purchasing decisions often carry greater emotional weight than consumer choices, as they involve higher personal and professional risks. Success depends not only on clear contracts but also on empathy and curiosity, which help navigate cultural nuances and build trust, turning agreements into lasting, human-centered partnerships.

Part 2: The Emotional Rollercoaster 2024-10-icc-template-truth-report-part2.pdf

The research outlines the emotional trajectory of B2B collaboration, ranging from initial optimism to the pressures of conflict. A mindset referred to as “FOMU” (Fear of Messing Up) causes organizations to excessively complicate contracts while neglecting the importance of relationships.

Part 3: Contracts and Culture 2024-10-truth-report-part3.pdf

Different markets perceive contracts in varying ways; some see them as strict obligations, while others regard them as frameworks for collaboration. Misunderstanding these perspectives can quietly lead to disputes.

Part 4: Trust, Transparency & Technology icc-2024-12-truth-report-part-4.pdf

While technology improves efficiency, it cannot substitute for transparency or emotional intelligence. In hybrid environments, subtle misinterpretations of tone or hierarchy can undermine trust.

Part 5: The Future of Collaboration icc-2024-12-truthreport-part5.pdf

To effectively prevent disputes, it is essential to foster collaboration among legal, compliance, and commercial teams from the beginning, not just when conflicts emerge.

Part 6: One Size Doesn’t Fit All 2025-04-truthreport-part6_V3-one-size-doesnt-fit-all.pdf

Cultural diversity transcends geographical boundaries. The research identifies four global archetypes: Strategic Balancer, Pragmatic Realist, Decisive Custodian, and Innovative Explorer. The Netherlands stands out as the Strategic Balancer, characterized by pragmatism, transparency, and directness.

Connecting Research and Practice

Forum speakers echoed the research findings: disputes often arise from emotional disconnect or cultural misalignment rather than from defective clauses.

The “FOMU” — Fear of Messing Up — mindset, identified in the research, mirrors real-world contract practices where risk aversion hinders flexibility. Dutch in-house counsel stressed the importance of early involvement of legal and compliance teams and of building bridges between technical, commercial, and legal functions.

Ultimately, both the forum and the research highlighted adaptive leadership as a success factor: understanding behavioural archetypes helps teams balance Dutch directness with cross-cultural sensitivity.

Practical Takeaways for Dutch In-House Teams

Dispute prevention starts long before conflict arises.

To reduce friction:

• Re-humanise your dispute strategy, emotions and culture shape every stage of a deal.

• Craft dispute clauses as tools for clarity and collaboration, involve leadership early and tailor to the project’s real risks.

• Align legal, compliance, and commercial functions from the outset.

• Adapt communication styles to partner archetypes, balancing Dutch directness with global nuance.

• Use technology wisely: AI supports efficiency, but trust still depends on human insight.

Read further

• 🎧 Podcast: Listen to insights from the forum on Spotify, Apple Podcasts and Amazon Music:

  • Spotify: https://bit.ly/4pdCU8Y

  • Apple Podcasts: https://apple.co/4pui6KH

  • Amazon Music: https://amzn.to/4gbWP3X

• 📄 White paper series: Dive deeper into the research on cross-cultural B2B relationships via the full six-part series: “The Truth about Cross-Cultural B2B Relationships”