Ulrich Kopetzki
3 Apr 2025
The ICC recently conducted a two-day advanced dispute resolution training in the Netherlands, bringing together over 40 legal and business professionals to explore strategies for handling complex commercial disputes.
Emphasizing early assessment, tailored approaches, and proactive use of ICC support services, the sessions highlighted ICC arbitration’s flexibility, global reach, and practical tools to streamline and enhance cross-border dispute resolution.
ICC Dispute Resolution Services recently delivered a specialized training program across major Dutch companies and law firms. Ulrich Kopetzki, Acting Director for Europe and Central Asia, shared insights into advanced dispute resolution strategies over two intensive days of sessions.
The program brought together over 40 experienced legal and business professionals interested in expanding their dispute resolution toolkit. Through collaborative workshops and discussions, we explored nuanced approaches to complex commercial disagreements and exchanged perspectives on optimizing dispute management processes. This initiative supports our ongoing dialogue with the Dutch business community and highlights the evolving landscape of international dispute resolution.
Frequently Asked Questions
How can we draft more effective dispute resolution clauses?
Arbitration offers flexibility to tailor proceedings to your specific needs. Starting with the ICC model clause, consider key strategic choices like seat of arbitration, expedited procedures, confidentiality requirements, and multi-tiered dispute resolution steps. Sometimes leaving certain issues undetermined maintains valuable flexibility. These customizations create a dispute resolution process aligned with your business relationship and industry needs, potentially saving significant time and costs if a dispute arises.
What are the advantages of ICC arbitration specifically?
ICC arbitration stands out for its global reach (operating in 140+ countries and multiple languages), institutional neutrality, and exceptional quality control through the Court’s award scrutiny process. Its century of experience, client-centric case management, and innovative rules create a level playing field for parties worldwide. This combination makes ICC particularly valuable for complex cross-border disputes requiring efficient, predictable, and enforceable outcomes.
How can parties make best use of the ICC Court and Secretariat in an arbitration?
The ICC Court and Secretariat offer comprehensive support beyond what’s explicitly stated in the Rules. Some valuable ways to leverage the Court and Secretariat include:
1. Seeking arbitrator selection assistance - When parties need help identifying potential arbitrators, the Secretariat or ICC Court can provide lists of candidates, initiate communication with potential arbitrators about their availability, or establish a list procedure where parties rank their preferences.
2. Requesting specific arbitrator criteria - Parties can jointly agree on criteria they want the ICC Court to consider when appointing an arbitrator, such as nationality, language proficiency, or particular industry expertise.
3. Understanding ICC Court decisions - Any party can request that the Court communicate its reasoning for decisions on jurisdiction, consolidation, arbitrator challenges, or replacements, enhancing transparency in the process.
4. Using the Secretariat as an intermediary - The Secretariat can facilitate communication between parties and the tribunal, especially for sensitive issues like concerns about fees, delays, or case management challenges.
5. Utilizing escrow services - Beyond holding the advance on costs, the Secretariat can provide escrow services for VAT payments, expert fees, or security for costs.
6. Document handling and confidentiality - The Secretariat can serve as a neutral depository for confidential documents, including sealed settlement offers, and ensure they’re only released at appropriate times.
7. Getting logistical support - Leverage the ICC Case Connect platform for document sharing, get help with hearing arrangements through the ICC Hearing Centre, or obtain assistance with visa applications for participants.
8. Requesting advance notice of awards - Parties can arrange to receive alerts when an award notification is imminent, or request specific timing for award delivery.
9. Post-award assistance - The Secretariat continues to provide support after the award is issued, including certified copies of documents, notarization, and letters reminding parties of compliance obligations.