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< Back < Previous | Next > Global trade – an urgent need for reform Tom Scott 1 Sept 2025 Global trade is at a crossroads. Rising protectionism, geopolitical tensions and stalled reforms threaten the stability of the rules-based system that underpins Dutch and international business. In this interview, Valerie Picard, ICC’s Head of Trade, explains why urgent WTO reform is needed, what “revitalising the global trading system” means in practice, and how Dutch companies can play a leadership role in shaping the future of trade. Valerie Picard is the Head of Trade at the global offices of the International Chamber of Commerce. We caught up with her to get some answers to some of our pressing questions about the current state of global trade. The international trade environment is always changing. However, 2025 has been especially turbulent and unpredictable. How is the International Chamber of Commerce responding to this? The events of earlier this year certainly represent in many ways a shock: a seismic moment in the global trading system. But they also cannot be viewed in isolation. They are part of a longer trend of rising protectionism, mounting geopolitical tensions and other structural shifts that have been building for more than a decade. The steady increase of trade barriers since the 2007-2008 financial crisis is a clear illustration of this pattern. At ICC, we see this as a pivotal moment. It’s an opportunity to finally address the long-standing challenges that have been holding the global trading system back. As the voice of global business community, ICC has long been calling for reform of the multilateral trading system, echoing the call from businesses of every size and sector across the world that predictable, rules-based trade is the foundation of growth, innovation, and resilient supply chains. For years, we have stressed the need for new rules that incorporate the real‑world perspective of businesses, a fully functioning dispute settlement system, and transparency among other things: At the WTO’s last Ministerial Conference, we made the case for holistic reform of the WTO in order to put the global trading system back on solid footing. Looking ahead to the next Ministerial Conference, we are calling for a serious commitment from members to revitalize the global trading system – this time with the utmost urgency. There needs to be a structured and coherent process, even if it begins with a representative subset of members. And it can’t wait. At the same time, renewing the WTO Moratorium on Customs Duties on Electronic Transmissions is critical. It keeps digital trade predictable and free from tariffs, enabling businesses, particularly SMEs, to participate in the global digital economy without added costs or complexity. It also provides the stability and certainty that investors look for, helping economies attract and retain foreign direct investment. Letting the Moratorium lapse would inject damaging uncertainty and unpredictability into the trading system, create new tariff and non-tariff barriers, and risk further fragmenting the digital economy at a time when stability is needed most. What do you mean by “revitalizing the global trading system”? It means bringing the global trading system into the 21st century so it delivers for the businesses that use it every day. That’s about restoring trust, predictability, and stability, but also updating the rules so they reflect today’s modern business realities and making sure the system works for businesses of all sizes, everywhere. You mention the WTO. How do the challenges that this organisation faces fit in with the current state of affairs? There’s a serious challenge not just to the WTO but to the rules-based system as a whole. That’s a problem, because this framework underpins how global trade actually works. And the reality is, there’s no plan B. Nothing else exists that can provide the stability, predictability, and common rules that businesses rely on every day. While it’s easy to focus on what isn’t working, let’s not forget that the current system provides incredible value to traders across the world, particularly in developing economies. Research commissioned by the ICC and conducted by Oxford Economics shows that the collapse of the WTO-based system could lead to a 33% decline in non‑fuel goods trade across developing countries, with low-income nations seeing up to 43% losses, and an overall GDP drop exceeding 5%. That is a powerful reminder that today’s multilateral framework, with all its imperfections, continues to be vital. The reality is that, in today’s geopolitical environment, it would be impossible to recreate the WTO or build anything close to what exists today. From the business perspective, the reason the system was created, which is the certainty and predictability that it offers, is still as relevant and critical today as ever. Its foundational principles – equal treatment for all trading partners, non-discrimination, and the predictability that comes with clear, enforceable rules-based commitments – remain essential for businesses operating across borders. Can we talk about sustainability. What are the major issues and are sustainable directives even possible? First of all, we believe that sustainable directives are achievable but they need political will, real coordination, and meaningful input from business during their design and roll-out. What we don’t need is a patchwork of competing regulations that create uncertainty, complexity and added costs. That’s why we’ve put forward principles for how to design an effective Carbon Border Adjustment Mechanism (CBAM), which have been recognised by governments and international organisations as a practical reference point. Another area where we have been very active is on the circular economy. We think there is a tremendous opportunity for new business models in the circular economy , but trade barriers are blocking the way. Making the circular economy work requires closer cooperation to align standards and regulations, harmonized laws to enable the smoother flow of secondary materials, technical expertise in policymaking to ensure solutions are practical, and updates to international frameworks such as the Basel Convention to better support circular material flows. A third priority is removing barriers to environmental goods and services. Ensuring businesses can access the technologies, services, and expertise needed for the green transition is essential to driving sustainable growth and innovation at scale. You talk about the need for multilateral agreements. But in a previous answer, you described the erosion of the current rules-based system. Those two don’t go hand in hand. That’s exactly why we’re talking about revitalizing the system – to make it fit for purpose again. The system isn’t delivering the way it should, and that has to change. There’s a long list of issues that need to be addressed and a serious negotiating agenda to be worked through, but the starting point has to be a shared commitment to rebuild trust and modernize the framework so it can actually deliver for business and the global economy. Let’s turn our attention to the Netherlands. What role do you see for Dutch companies in revitalizing the system? The Netherlands has a tremendous amount of trade knowledge and customs expertise. Dutch businesses on the front lines of global trade. As operators in one of the world’s busiest trading hubs, with deep expertise in logistics, customs, and compliance, you see firsthand how rules, disruptions, and uncertainty play out in global supply chains. That gives you a unique perspective – from the realities facing SMEs integrated into global value chains to the opportunities and challenges of digitalization and the green transition. In today’s environment, governments and businesses need to work together more closely than ever. At ICC, we’re making the case globally for a strong and open multilateral trading system, but that voice is strongest when our members actively engage, bringing their real-world experience to shape practical, credible solutions. Dutch businesses, in particular, are well placed to take a leadership role – not just at home but internationally – by sharing what they see on the front lines, offering practical solutions, and standing up for the system that underpins their ability to trade and invest across borders with confidence.

< Back < Previous | Next > The WTO’s hidden value 26 Nov 2025 Every time a product clears a border, every time a services firm invests abroad, or every time an innovator protects a patent overseas, they are relying on WTO rules, committees and monitoring systems designed to reduce risk and increase predictability. The WTO’s Hidden Infrastructure: Why Businesses Rely on It More Than They Realise In a year where geopolitical tensions, supply-chain vulnerabilities and regulatory divergence dominate headlines, one institution continues to underpin the stability of global trade, often without being noticed. The World Trade Organization may be criticised for slow negotiations or headline-grabbing disputes, but as the latest ICC paper reminds us, its greatest value lies in the quiet, technical machinery that keeps the global economy running every single day. For most companies, whether multinational corporations or ambitious SMEs, the WTO is not a theoretical institution in Geneva but the invisible operating system of global trade. Every time a product clears a border, every time a services firm invests abroad, or every time an innovator protects a patent overseas, they are relying on WTO rules, committees and monitoring systems designed to reduce risk and increase predictability. Beyond Tariffs: The Unseen Framework That Holds Global Trade Together The WTO is best known for negotiating tariff reductions, but tariffs are only a small part of its impact. Its real power lies in creating a single, coherent legal framework that connects thousands of national regulations, standards and procedures. This transforms what could be a chaotic, politically driven landscape into a predictable environment where businesses can plan, invest and scale. Before the WTO, tariffs could be raised overnight, technical standards could change without warning, and customs policies varied arbitrarily from country to country. Today, bound tariff rates, transparency rules and internationally aligned procedures give exporters stability that no bilateral deal can replicate . This rules-based system is not static. It is constantly updated through WTO Councils and Committees, which quietly issue decisions that update tariff schedules, promote good regulatory practices and ensure alignment with global technical standards. Without this daily work, trade would slow, costs would rise and supply chains would fragment. The Daily Benefits: What the WTO Does for Business The paper highlights how WTO agreements translate into very concrete business advantages across the entire trade journey, from pre-shipment compliance to in-market protection. 1. Cutting Through Regulatory Complexity Technical regulations, testing requirements and food safety rules are among the biggest barriers to trade today. The WTO’s Agreements on Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Measures (SPS) require governments to notify proposed regulations early, giving businesses time to adapt and comment. Tools like the ePing alert system can be the difference between a shipment clearing customs or being rejected, a lifeline especially for SMEs. 2. Making Borders Faster and Cheaper The Trade Facilitation Agreement (TFA) has modernised customs procedures across the world. Publishing rules, enabling advance rulings, and using risk-based controls have reduced trade costs by up to 5% globally , a significant boost to competitiveness. For time-sensitive goods from vaccines to agri-food products, this can mean fewer delays, less spoilage and greater resilience. 3. Securing Services and Digital Trade Two-thirds of global GDP comes from services, yet services trade is shaped by opaque licensing rules, residency requirements and sector-specific restrictions. The WTO’s General Agreement on Trade in Services (GATS) brings transparency and predictability, giving firms confidence that market access rules will not change arbitrarily. The moratorium on customs duties for electronic transmissions reinforces this stability in the digital economy. 4. Protecting Innovation Worldwide With intangible assets now representing most of a company’s value, IP protection is essential. The TRIPS Agreement ensures that patents, trademarks and copyrights receive minimum standards of protection in all WTO Members, enabling global commercialisation and cross-border collaboration. 5. Opening Public Procurement Markets The WTO’s plurilateral Government Procurement Agreement (GPA) grants companies access to public contracts worth an estimated US$1.7 trillion annually, under fair and non-discriminatory conditions. This creates significant opportunities for specialists and SMEs seeking to grow internationally. 6. Turning Transparency Into Market Intelligence WTO tools such as the Tariff and Trade Data Platform, the Rules of Origin Facilitator, and the Trade Concerns Database transform raw government notifications into actionable insights. They allow businesses, especially those without large compliance departments, to understand market conditions, avoid regulatory risks and identify growth opportunities. What Is at Stake? The ICC paper underscores that the stability provided by the WTO is not diplomatic symbolism; it is an economic necessity. According to Oxford Economics modelling for ICC, the collapse of the multilateral trading system would cause developing countries’ non-fuel goods trade to drop by 33% and lead to a permanent GDP loss of 5%. In concrete terms, this would mean: more fragmented regulations longer delays and higher compliance costs destabilised global supply chains reduced incentives for innovation fewer opportunities for SMEs to internationalise In a world where resilience is a strategic priority, weakening the WTO would have direct and damaging consequences for competitiveness. Reform With a Clear Purpose Reforming and updating the WTO remains essential, particularly to address digital trade, sustainability and new technological frontiers. The paper makes clear that some challenges, such as subsidies or cross-border data governance, cannot be solved through bilateral deals alone. Multilateral disciplines remain the only way to create fair, predictable and future-proof global rules. But as members pursue reform, they must not lose sight of the system’s hidden value: t he quiet, technical infrastructure that keeps global trade stable. Preserving and strengthening this foundation is essential for businesses, governments and the global economy. 2025-ICC-The-WTOs-Hidden-Value-1 .pdf Download PDF • 432KB

< Back < Previous | Next > What ICC Members Can Expect from ICC Netherlands in 2026 6 Jan 2026 In this New Year edition, ICC Netherlands outlines its strategic priorities for the year ahead, focusing on trade, integrity, dispute resolution, sustainability, leadership and digitalisation. Discover how we will work with our members, partners and global ICC network to strengthen Dutch business resilience in a rapidly changing world. What ICC Members Can Expect from ICC Netherlands in 2026 A message from the Director General of ICC Netherlands Laure Jacquier As we step into 2026, I want to begin with a simple but important message: ICC Netherlands will continue to work with our partners in the spirit of close cooperation. Nothing we do happens in isolation. ICC, at every level, is a platform for collaboration – both globally and locally – and our strength lies precisely in that collective network . We work closely with partners such as the United Nations, the World Trade Organization, ICC Global and UN Global Compact while at the same time building strong local partnerships here in the Netherlands. Our philosophy is clear: progress only happens when we work together . That belief will guide everything ICC Netherlands does in 2026. In a world marked by geopolitical tension, economic fragmentation and regulatory uncertainty, my optimism comes from one place: when businesses engage, participate and work together, they can still create stability, predictability and progress . Guided by this conviction, ICC Netherlands will focus on five strategic priorities in 2026, each designed to help our members strengthen trust, resilience and cooperation in international business . 1. Defending multilateralism and international trade In today’s geopolitical context, the defence of multilateralism and rules-based international trade is not an abstract principle: it is a business necessity . The competitiveness of the Netherlands and the European Union depends on open, predictable trade rules. For Dutch companies operating globally, predictability versus volatility is no longer a theoretical debate – it directly affects day-to-day activities, from supply chain management to growth and investment. Geopolitical developments are not ‘emerging risks’ anymore: they’re the new reality. If you want to gain a deeper insight into the importance of embedding resilience into your company's operating methods , then our interview with Tim Bosch (co-founder of the Birdwatcher Group) is a must-read. The WTO system is under pressure, but there is no viable alternative. Rather than walking away from multilateralism, ICC is calling for a coordinated effort by all ICC national committees to modernise and reform the WTO so that it reflects today’s trade realities . This must also include a stronger reflection of the role of emerging economies. A key priority for ICC Netherlands in 2026 is ensuring that the voice of business is heard ahead of the next WTO Ministerial Conference. In the Netherlands, we contribute to this through public-private dialogue . At the end of January, ICC Netherlands will host a WTO roundtable open to all ICC NL members. This is not a closed-door exercise; it is a structured, safe space for companies to openly share concerns, best practices and real-life experiences, and to feed that input into international discussions. My message is simple: if businesses do not show up, multilateralism will not defend itself. If you want reform to happen, you have to participate. This same logic applies to the development of international trade tools. In 2026, the Incoterms® reform process will officially start, aiming towards Incoterms® 2030. It is essential that these globally used rules reflect real business needs. ICC Netherlands will actively encourage members to contribute. The same is true for potential revisions of UCP 600 and ISBP, where ICC is currently gathering feedback from practitioners. ICC Netherlands encourages its members to participate in the live surveys and consultations. If businesses do not engage, these standards risk being shaped by an unbalanced set of voices . 2. Business integrity as a foundation for trade Trade cannot function without trust. That is why business integrity remains a core priority for ICC Netherlands in 2026. This year marks an important milestone: 10 years of the Week of Integrity, an initiative founded by ICC Netherlands to raise awareness and create a trusted space for dialogue between the private and public sectors. The Week of Integrity is open not only to ICC members, but also to non-members. Why? Because integrity is not exclusive . Everyone should be working on it. This year’s overarching theme is Leading with Integrity in a Digital World . It’s a crucial subject: while digitalisation increases efficiency, it also brings new risks. Corruption, misconduct and integrity failures have real economic and reputational consequences: for companies and society as a whole. The Week of Integrity takes place each year in the last week of October. The first partner meeting and workshops will take place on 6 February, focusing on embedding integrity into leadership and decision-making. Besides the Week of Integrity, ICC Netherlands will also continue facilitating cross-sector exchanges between businesses, banks and legal professionals. The most significant point here is the cross-sector perspective: this is one of the biggest strengths of ICC Netherlands . We bring together a diverse array of sectors to communicate and share their ideas. Building on the roundtables initiated last year, an upcoming session will focus on indirect sanctions – how sanctions imposed by third countries affect Dutch trade in practice, and how businesses experience this on the ground. Through the Business Integrity Commission, ICC Netherlands will define its 2026 agenda during its first members-only meeting at the end of January. This ensures that our priorities remain aligned with the concrete challenges Dutch companies face. 3. Dispute resolution: bridging business and legal practice Effective dispute resolution is necessary to build trust, continuity and resilience in international business. In 2026, ICC Netherlands will continue to focus on building bridges between business and legal professionals. Too often, disputes are approached from parallel perspectives. In-house counsel deal with commercial realities; external lawyers focus on legal frameworks. There is room for better alignment ; I think the communication between these two disciplines can really be improved. This is where ICC can add value. We are organising a number of targeted roundtable sessions on topics selected jointly with our legal and business members. In addition, ICC Netherlands will host the Joint Arbitration Day in Amsterdam, bringing together professionals from the Netherlands, Belgium, France and Germany to exchange best practices . Our Dispute Resolution Forum, hosted this year by Houthoff, will remain a key moment for dialogue, while we continue to promote alternative dispute resolution and its practical benefits for Dutch businesses. We are also committed to engaging young professionals. Giving the next generation a voice within our arbitration work is not optional. New perspectives bring new ideas, and they strengthen the future of dispute resolution in the Netherlands. 4. Sustainability, finance and inclusive leadership Sustainability, inclusion and economic resilience go hand in hand. ICC Netherlands works closely with ICC Global on the ICC Principles for Sustainable Trade Finance (PSTF), which have already been adopted by two major Dutch banks. Through the Sustainability Commission, we will identify which topics matter most to Dutch businesses in 2026, with circularity playing a central role. One issue I care deeply about is green-hushing. We all know about the dangers of greenwashing, but the phenomenon of green-hushing deserves equal attention . If companies become afraid to communicate about their sustainability efforts, we risk creating the impression that sustainability no longer matters. That silence also travels down the supply chain. If suppliers do not hear about sustainability efforts, they may stop their own. Those who are intrinsically motivated must speak up. Participation matters here too. If we want sustainability to remain central to business, we must talk about it. Inclusive leadership remains equally important. Despite progress, a significant gender gap persists in Dutch business leadership. On this subject, I am particularly proud of the WISE – Women in Strategic Engagement programme. WISE is a leadership development programme offered by ICC Netherlands that focuses on impact, relationships and real-world leadership challenges. WISE is designed to complement (not compete with) high-end executive programmes, offering practical tools and networks . After a very successful first cohort last year, we will launch a new cohort on 12 March this year. On the finance side, ICC Netherlands continues to work with Banking and Sustainability Commissions. The fact is that the countries that need investment the most often face the greatest barriers due to risk ratings and regulatory constraints. The goal is simple: to create the biggest possible impact at a global scale. 5. Digitalisation of trade documents Finally, digitalisation of trade documentation remains a priority – and a frustration. Digital trade is a critical enabler of modern trade, yet the Netherlands is still lagging behind . Legal barriers continue to slow progress, even as other countries move faster and see immediate benefits. The Netherlands is not fully legally aligned with international requirements for digital trade documents, leading to higher costs, delays and risk s such as loss or fraud. ICC Netherlands will continue to push for legal reform, while also taking practical steps. In 2026, we will reactivate the Digitalisation Working Group, make the topic more accessible through clear communication, and actively involve businesses in sharing real-life experiences. A key project will be ICC Netherlands’ participation in the ICC Digital Standards Initiative (DSI) – Global Digital Trade Sandbox. This initiative provides a safe environment for companies to test digital trade solutions through pilots and proof-of-concept transactions, bringing together companies, banks, platforms, regulators and national committees. For ICC Netherlands, this is a concrete way to help Dutch companies move from ambition to implementation . For countries like France and the UK, the impact of digitalisation has been immediate and visible: fewer errors, less fraud, faster processing . But progress requires businesses to speak up – to share real-life problems with paper documents, customs delays and inefficiencies. We have a strong working group on digitalisation, but we need more business voices. Once again, participation is the key. Looking ahead Am I optimistic about 2026? Absolutely. Not because the world is simple – but because I believe deeply in what happens when businesses engage, collaborate and take responsibility. ICC Netherlands will continue to be a platform where those voices come together, locally and globally, to strengthen trade, integrity, sustainability and innovation. And we will do it the only way it truly works: by showing up, by participating, and by doing it together. Want to get involved? ICC Netherlands is driven by its members. If your organisation is working on topics that connect with ICC’s priorities – from international trade and dispute resolution to integrity, sustainability, digitalisation or geopolitics – we would love to hear from you. We regularly feature member voices through interviews, articles and events, and we are always keen to share practical experiences from the business community. Get in touch if you would like to contribute or be part of the conversation.

< Back < Previous | Next > ICC Netherlands roept Tweede Kamer op: versnel adoptie van digitale handelsdocumenten (MLETR) 1 Sept 2025 ICC Nederland heeft samen met een brede coalitie van bedrijven, banken en brancheorganisaties een whitepaper aangeboden aan de Tweede Kamer om snelle invoering van de UNCITRAL Model Law on Electronic Transferable Records (MLETR) te bevorderen – een stap die kosten bespaart, doorlooptijden verkort en de concurrentiepositie van Nederland versterkt. Op 1 September heeft ICC Netherlands, samen met een brede coalitie van bedrijven, banken en brancheorganisaties, een whitepaper aangeboden aan de Tweede Kamer over de adoptie van de UNCITRAL Model Law on Electronic Transferable Records (MLETR) . Wat op papier een technische wetswijziging lijkt, heeft in de praktijk enorme impact: het kan honderden miljoenen euro’s aan onnodige kosten besparen voor het Nederlandse bedrijfsleven , doorlooptijden verkorten met 6–10 dagen per exportproject , bureaucratie verminderen en onze concurrentiepositie als handelsland versterken . Handel als levensader van Nederland Internationale handel is cruciaal voor de Nederlandse economie: import en export samen vertegenwoordigen ruim €1,6 biljoen per jaar – bijna vier keer het BNP . Toch zijn veel cruciale documenten in de exportketen alleen rechtsgeldig op papier. Dit leidt tot vertragingen, hogere kosten en verlies aan efficiëntie. Concrete voordelen van MLETR Ons whitepaper laat zien dat digitalisering tastbare voordelen oplevert: ✅ Doorlooptijd verkort van 6–10 dagen naar <24 uur (succesvol getest door Havenbedrijf Rotterdam en Singapore in 2021). ✅ MKB-voordeel : tot 35% minder administratieve lasten. ✅ Internationale aansluiting : landen als het VK, Frankrijk, Duitsland en Singapore hebben hun wetgeving al aangepast – Nederland loopt achter. Sterker nog: het Verenigd Koninkrijk wil graag met Nederland digitale samenwerking versnellen, maar dat kan nu niet omdat 8 cruciale documenten wettelijk nog niet digitaal mogen worden verzonden . Oproep aan de politiek De oproep van ICC Netherlands en haar partners aan de Tweede Kamer is helder: Maak snel werk van de goedkeuring van wetgeving voor het elektronisch cognossement . Start direct het traject voor de overige 7 MLETR-documenten . Met dit whitepaper onderstreept ICC Netherlands, samen met haar partners, dat de digitale toekomst van onze handel nú begint. De Tweede Kamer kan dit in wezen met één wetswijziging regelen – en het bedrijfsleven staat klaar om te helpen. 👉 Lees hier het volledige whitepaper: Over dit initiatief Het whitepaper is opgesteld door vertegenwoordigers van ICC Netherlands, ICISA, ING Bank, Port of Rotterdam en andere betrokken experts , met steun van een brede coalitie van bedrijven, banken en brancheorganisaties. De adoptie van de UNCITRAL‘Model Law on Electronic Transferable Records’ in NL (6) .pdf Download PDF • 3.28MB

< Back < Previous | Next > Dispute Resolution New 2024 Preliminary Figures on Dispute Resolution Released 21 Feb 2025 The role of mediation in dispute resolution Wanting to learn more about the role of mediation in dispute resolution, we spoke to dispute resolution expert Jeremy Lack. We quickly discovered that this was a subject that was as complex as it was interesting. That’s why we decided to divide our interview over two editions of the newsletter. You can read part one here . And below is part two, which looks closer at how the three main aspects of mediation – “there’s a social component, an emotional, and a rational component,” says Jeremy – relate to issues such as confidentiality, trust building, and the psychological tools and barriers to mediation. Let’s continue by talking about confidentiality in mediation; how should that be handled? It is important to understand the level of confidentiality required by the parties in each case, as this can vary depending on the nature of the dispute and the individuals involved. In general, there are two levels of confidentiality in mediation to consider. There’s confidentiality vis-à-vis the outside world, which relates to the existence of the dispute, the existence of the process itself and what was said during the process. The principle is that whatever happens in mediation should not be admissible in any other proceedings. And then there’s the confidentiality of what happens within the mediation itself to ensure what is disclosed by one participant in a private session is not repeated to another participant without prior consent. This can include questions relating to the need for confidentiality as between those who attend the mediation and those who do not, even if they are involved. As for mediators themselves, depending on which organisation they are affiliated to or the country they may be regulated by, confidentiality may vary, it being a professional obligation in most countries, but not everywhere. There can also be confusion in some high-profile cases between the desire for transparency regarding the final outcome, and the need for the confidentiality of the negotiations that led to that outcome. By belonging to the International Mediation Institute, for example, a mediator is automatically bound by a code of conduct that automatically entails strict confidentiality worldwide. Besides professional affiliations, in your opinion, what character traits does a good mediator possess? Inquisitiveness, curiosity and the ability to ask open-ended questions are important attributes for a good mediator, along with the ability to leave your ego at the door and truly listen with an open mind. There is also a social component: one of the most difficult things can be getting meaningful conversations going between people who haven’t spoken much or who greatly distrust or are angry with one-another, to help them get through the process together. This is particularly important if the disputants may need to continue working together in the future, or if they work in a close-knit ecosystem where they are likely to meet again. A mediator must also know when to follow and when to lead. A good mediator is analogous to a good bus driver: they need to make sure they know where the travellers are headed, that all the passengers are on board, and that everyone reaches their intended destination. And what methods do you use to create an environment of trust and collaboration? In a mediation, you want to come with open questions and have all of the participants feel equally seen and heard. You want to find out as much as you can about the needs, interests, concerns, and motivations of everybody involved. This is because, the more you understand their underlying goals, beyond the positions they may have taken, the more room there is for a solution. Exchanging information on such subjective factors often helps promote a sense of trust and collaboration. There’s an arsenal of tools you can use; the more you know when and how to use all the tools, the better off you are, adjusting to whatever is needed, which calls for flexibility. Is mediation almost a psychological exercise? Yes. I am not a psychologist, but for me, there are three different aspects to mediation that could be described as psychological. There’s a social component, an emotional component, and a rational component. The mediator has to build on all three of these aspects, which can require different psychological approaches. Mediation is not a form of therapy, however. We don’t try to change people or their behaviour. We try and help focus their attentions in situations of conflict on what truly matters now, what their alternatives are, and what options are available and most likely to better resolve the conflict more holistically, keeping an eye on the future. Is mediation suited to everyone? Are there any psychological barriers to overcome? It is rare that mediation is ill-suited to a dispute. It is an excellent complement to litigation and arbitration in almost all cases. There are all sorts of psychological barriers to mediation, however. First, people tend to think they are good negotiators, and if they could not reach a settlement, a mediator is unlikely to add any value. The statistics, however, are that over 70% of mediations (which almost always involve failed past negotiations) settle. Another of these is the fear of looking weak, the concern that: “If I say I want to mediate, it looks like I want to settle”. There can also be the belief that the other party will act in bad faith; or that mediation simply entails replacing one already-breached agreement with another. Mediated settlement agreements are rarely not complied with, however, and there is growing interest in being able to have them recognised and enforced internationally under the Singapore Convention or under the New York Convention. There may also be a general feeling of distrust of the mediation process from lawyers and judges who are not used to it, and a preference for more traditional procedures, but the reality is that most lawyers and judges agree that traditional access to justice on its own tends to take too long, be too expensive or destructive. Where does conciliation fit into the dispute resolution mix? How does it differ from mediation? Conciliation and mediation both involve negotiation facilitated by a neutral third party, yet they differ significantly in role, structure, impact, and focus. They are ‘first cousins’ rather than ‘siblings’,each suited to distinct contexts and objectives. Conciliation is typically a structured, evaluative process, often mandated by courts, particularly in civil-law jurisdictions, aimed primarily at financial settlements without ongoing relationships. The conciliator assesses legal merits, reality-tests positions, and frequently proposes settlements. This formal structure tends to activate competitive dynamics (‘out-of-group’ heuristics), prompting parties to position themselves strategically, anticipating and trying to influence the conciliator's recommendations. Conciliation usually yields lower settlement rates (50–60% in court-mandated settings). In contrast, mediation is facilitative, flexible, and less formal, emphasising dialogue and self-determination. Mediators typically refrain from proposing settlements, instead activating ‘in-group’ heuristics that encourage empathy, collaborative behaviour, and greater mutual understanding. Mediation effectively addresses emotional and relational elements, making it ideal for commercial, family, or complex cross-border disputes where ongoing relationships matter, often achieving higher settlement rates (70–90%). In summary, conciliation assesses positions and is mainly appropriate for resolving purely financial disputes without future relationship considerations, while mediation fosters collaboration, empathy, and durable agreements, particularly when relationships and subjective interests are important. When combined using two separate ADR neutrals, they provide almost 100% settlement rates. We understand that you have participated in research into the neuroscience of mediation. Can you tell us more about that? I am fortunate to have collaborated with a group of neuroscientists at the University of Geneva's Centre for Interdisciplinary Affective Sciences (CISA) to help them design and implement experiments related to neuroscience and mediation. Although the neuroscience of mediation is very much in its early days, the more we look at the human brain, we are discovering a whole new understanding of human behaviour, in particular social, emotional and rational heuristics, particularly in the context of conflict, negotiation and mediation. As an example: the results of experiments where couples with recurring conflicts were asked to negotiate with each other or with a mediator present showed measurable differences in social and brain behaviour. This demonstrated that mediation, compared to negotiation, leads to higher satisfaction rates, settlement rates, and a greater sense of inclusion. How can findings from neuroscience help mediators and the mediation process? This increased understanding definitely has the potential to change the dynamics of mediation. I believe that as we learn more from neuroscience, mediators should be made aware of the concepts of social, emotional and cognitive plasticity, to better understand and help parties to understand and manage their emotions, social behaviour and cognitive biases in situations of conflict. For mediators working today, understanding these systems and techniques may facilitate more skilful interventions, allowing what seemed impossible before to become possible now.

< Back Sophia Elisabeth von Dewall DERAINS & GHARAVI Arbitrator Biography Sophia von Dewall is partner at Derains & Gharavi and has acted in numerous international arbitration proceedings, as well as in legal proceedings before Netherlands state courts. She has handled arbitrations conducted under the arbitration rules of the NAI, CEPINA, ICC, HKIAC and ICSID. Her areas of practice include international investment disputes and international commercial disputes arising out of international contracts, joint-venture and shareholder relationships and large infrastructural projects. She also acts as arbitrator, including in arbitrations administered by the ICC Rules (further information, see firm website). In addition, she is Member of the Executive Board of the Dutch Arbitration Association and Member of the ICC Task Force on Corruption. Sophia is admitted to the Amsterdam Bar and registered in the Paris Bar. She obtained an LL.M. in Public International & European Law (cum laude) and an LL.M. in Dutch Law (cum laude) from the University of Amsterdam. Contact Details Netherlands, France 00 33 (0)1 40 55 51 00 svondewall@derainsgharavi.com Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken Dutch, English, French Specialisation Energy, Construction, Contracts, Distribution, Information and Communication Technologies Bar Admission(s) Credentials CV

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< Back DSI Legal Reform Advisory Board announces new Chair ICC DSI Feb 2, 2024 The International Chamber of Commerce (ICC) Digital Standards Initiative (DSI) has announced the appointment of Oliver Wieck, Secretary General of ICC Germany, as the new Chair of the DSI Legal Reform Advisory Board. Mr Wieck is joined by three Vice-Chairs: Luca Castellani, legal officer of the United Nations Commission on International Trade Law (UNCITRAL) and one of the drafters of the Model Law on Electronic Transferrable Records; Vashti Maharaj, Head of Digital Trade Policy with the Commonwealth; and Chantal Ononaiwu, Trade Policy and Legal Specialist Office of Trade Negotiations from the Caribbean Community (CARICOM). ICC Executive Board member Valentina Mintah steps down from her role as Co-Chair having served on the Legal Reform Advisory Board since 2022. Since its inception in January 2022, the Legal Reform Advisory Board has played a pivotal role in the global campaign to remove legal barriers to seamless digital trade, and engage countries and policymakers in creating an enabling policy environment for digital trade to take root. John Denton, ICC Secretary General said: “The DSI Legal Reform Advisory Board leadership has a huge amount of expertise, and truly global reach, on the issue of legal reform. We look forward to supporting them in their advocacy work towards sustainable, inclusive, digital trade. The momentum is real, and 2024 will be pivotal.” The Legal Reform Advisory Board, which brings together a wide range of policy, legal, and financial expertise on trade digitalization, was instrumental in creating a monitoring framework to track global alignment to Model Law on Electronic Transferrable Records (MLETR). Mr Wieck, who has been serving as Interim Chair since September 2023, said: “As a representative of ICC’s national committees in the Legal Reform Advisory Board, I am very excited to contribute to shaping and promoting a globally comparable legal framework for the digitisation of global trade transactions.” Mr Castellani said: “I look forward to contributing to the work of ICC DSI on promoting the broader adoption of the UNCITRAL Model Law on Electronic Transferable Records, and, more generally, the digital transformation of trade. It is particularly important to include developing countries in those efforts in order to mitigate the digital divides.” Ms Maharaj said: “Within the Commonwealth legal reform to digitalize trade can be a true catalyst and game changer, particularly for developing states and it is my sincere honour to contribute to the dynamic work of the Legal Reform Advisory Board in creating a globally interoperable, integrated and enabling legal environment for trade facilitation.” Ms Ononaiwu said: “Trade Policy and Legal Specialist Office of Trade Negotiations from CARICOM, “I look forward to supporting the efforts of the Legal Reform Advisory Board to promote an enabling legal environment for paperless trade, which can greatly benefit small economies, like those in CARICOM, that are highly dependent on trade.” For more information about the ICC DSI, including tools and reports, please visit https://www.dsi.iccwbo.org/ . For business. For you. Previous Next

< Back G20 engagement ICC WBO Feb 2, 2024 News from the G20 Engagement in Brazil. John Denton was in Brazil this week for the opening ceremony of the B20, the business engagement group of the G20. Appointed Co-Chair of the B20 task force on Finance and Infrastructure, John was invited to address the role of global policies to enable business in a changing geopolitical and environmental landscape ( see photos ). Among other B20 Task Force or Action Council Co-Chairs announced this week are ICC Chair Maria Fernanda Garza (Integrity and Compliance), ICC Board Member Lama Al-Sulaiman (Employment and Education), and World Chambers Federation Vice-Chair Marie Christine Oghly (Women, Diversity and Inclusion in Business). John underscored the role of the private sector in unlocking diplomatic negotiations within the G20 in this interview with leading Brazilian newspaper O Globo. Previous Next

< Back Clock is ticking for future of e-commerce and digital trade ICC WBO Jan 24, 2024 A World Trade Organization (WTO) moratorium on customs duties on electronic transmissions is set to expire in February. Without its renewal, the future of e-commerce and digital trade hangs in the balance. The WTO E-Commerce Moratorium will lapse unless WTO members agree to renew it at the WTO’s upcoming 13th Ministerial Conference, which is set to take place next month on 26-29 February in Abu Dhabi. ICC is calling on all WTO members to renew the agreement and has been making the case for its permanent adoption. Without an extension, governments could start to experiment with unilateral tariffs on everything from software, digital payments, and cloud services to the data supporting popular streaming services, disrupting the digital economy and driving up the cost of digital services that businesses across the world depend on to run and grow their operations. ICC Secretary General John W.H. Denton AO said: “ The Moratorium is a critical safeguard and allowing it to lapse would be a historical setback, hurting small businesses and consumers the most, driving up costs and reducing access to knowledge, information, and digital tools. Not only would such a move add to a damaging pattern of escalating tariffs; it would also wreak potential havoc on the online economy. Tariffs really could ‘break the Internet’.” The Moratorium has been in place since the WTO’s Second Ministerial Conference in 1998. Since then, governments have agreed to extend it at the biennial WTO Ministerial Conference. While lacking a specific definition, the term “electronic transmissions” is generally understood to mean anything from software to digital music, movies, and video games. The moratorium has played an important role in the development of the Internet by keeping tariffs off digitally delivered products, services and content. “The agreement has played a hidden – but vital – role in the growth of the Internet economy over the past two decades shielding the Internet from distortions and disruptions induced by levies at national borders. We urge governments to ensure that the moratorium is renewed at MC13 next month,” said Mr Denton. Read more about the WTO E-Commerce Moratorium here . Previous Next

< Back Regional Summits to intensify chamber impact ICC WBO Dec 26, 2023 The ICC World Chambers Federation has unveiled a groundbreaking series of Regional Summits aimed at tackling global challenges through a regional perspective. Building on the resounding success of the World Chambers Congress, the summits serve as platforms for chambers and businesses to collaborate and lead the response to challenges and opportunities. WCF Chair Rifat Hisarcıklıoğlu said: “ Regional focus is vital to amplify the voice of the real economy and to ensure the work programme of our World Chambers Federation remains inclusive, regionally relevant and impactful. The WCF Regional Summits mark a significant milestone in our efforts to foster global collaboration and address challenges through a regional lens .” ICC Secretary General John W.H. Denton said: “ Inclusivity is our guiding principle for effective multilateralism. Our ICC regional summits will underscore the pressing need for enhanced global cooperation and governance while ensuring chambers and businesses, large and small, have a voice in the decision-making processes that shape international cooperation and economic development .” The summits will enable knowledge sharing and capacity building around the four key pillars of the WCF work plan: Empowerment of women, enhanced access to global markets for MSMEs, digitalisation for MSMEs, and sustainability in business and climate action. Open to WCF members and non-members alike, Regional Summits will be co-hosted with local chambers further extending ICC’s influence and global reach to positively impact the operations of smaller businesses that are the economic backbone of communities worldwide. The inaugural WCF Regional Summit will be hosted by the Bogotá Chamber of Commerce and take place in Bogotá from May 8-10, 2024. Executive President of the Bogotá Chamber Ovidio Claros said: “ We are thrilled to co-host this groundbreaking regional Summit. This inclusive event aims to unite chamber members, industry leaders, and entrepreneurs in fostering solutions for MSMEs to access new markets, ultimately contributing to a more prosperous future for all globally.” A second WCF Regional Summit, to be hosted by the Union of Chambers and Commodity Exchanges of Türkiye (TOBB), is scheduled to take place from 23-25 October in Istanbul. Chambers interested in hosting a WCF Regional Summit are encouraged to contact ICC WCF for more information. For business. For you. Previous Next