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Explore ICC's comprehensive business solutions designed to facilitate global trade. From ATA Carnets and Incoterms® to model contracts, certificates of origin, and digital trade tools, discover how ICC's standards and resources support businesses of all sizes and drive international commerce. How to draft a contract Draft contracts with international business partners effortlessly using ICC Model Contracts and Clauses and the right Incoterms® rules. Go to: Step 1: Save time with ICC Model Contracts Step 2: Include ICC Model Clauses and Agreements Step 3: Choose the right Incoterms® rules Congratulations, you have successfully taken the first steps to kick-start your global export journey and identified a viable commercial opportunity. You are now looking to transact with a customer or a supplier in a foreign market. Get ready to draft, negotiate and conclude your contracts by following these steps: Save time with ICC Model Contracts Include the right clauses and terms Choose the right Incoterms® rule s This work will be essential to your long-term success, whether you are selling goods to a foreign customer, hiring a commercial agent, entering into a franchising agreement, or choosing a distributor. Step 1: Save time with ICC Model Contracts Whether negotiating a consultancy agreement abroad, cooperating on major projects or licensing a trademark, ICC Model Contracts help you get your international contracts right. Drafted by legal experts from across ICC’s worldwide network, our range of model contracts provide balanced, neutral templates for use across legal jurisdictions, empowering you to quickly establish an even-handed agreement with parties in another country. Discover ICC Model Contracts & Learn how to use ICC Model Contracts with our video series ICC Model Contracts for Start-ups Start-up ventures are drivers of today’s economy and allow creators and businesspeople across the globe to share their innovative ideas with the world. Get the model ICC Model Contract on Distributorship Distributorship contracts are one of the most frequently used means for organising the distribution of goods in a foreign country. Get the model ICC Model Contract – International Sale (Manufactured Goods) An international business transaction requires a precise and detailed underlying contract. Get the model ICC Model Contract – Commercial Agency Virtually every company engaged in international trade makes use of agents and therefore must face the problem of drafting an international agency agreement. Get the model Step 2: Include ICC Model Clauses and Agreements Clauses and agreements in international contracts specify the commitments of each party. Omitting to include clauses could prove costly in potential disputes which is why it is important to include clauses on confidentiality, contract variation, force majeure and other key areas. Discover ICC Model Clauses and Agreements Force Majeure and Hardship Clauses ICC has updated its Force Majeure and Hardship clauses to help businesses large and small draft contracts adaptable to unforeseen events such as the COVID-19 outbreak. Get the model ICC Model Confidentiality Agreement Before entering a business transaction, companies of all sizes have to consider how to protect sensitive information by drafting a non-disclosure agreement. Get the model ICC Model Anti-corruption Clause The general aim of the Clause is to provide parties with a contractual provision that will reassure them about the integrity of their counterparts during the pre-contractual period as well as during the term of the contract and even thereafter. Get the model Not sure how to approach data-related clauses? Data Management Guide for Small Business The ICC Data Management Guide, in partnership with the University of Vienna, that can helps you address data- related topics when engaging and drafting contracts with your business partners. Read more about the Guide Download the Guide Step 3: Choose the right Incoterms® rules A key decision to make when drafting your international sale contracts is the selection of the right Incoterms® rules, which define the responsibilities of buyers and sellers in a transaction. As the creator and guardian of the Incoterms® rules, ICC has made available a range of resources to help you decide which of the 11 Incoterms® 2020 rules to include in your contract. Tools and resources to choose the right Incoterms® rules Incoterms® 2020 App Get expert insights curated by ICC, the guardian of the Incoterms® rules. Download now Incoterms® 2020 wallchart Each Incoterms® rule in one visual. Get the wallchart Globally-recognised certificates Become an ICC-certified Incoterms® experts. Browse courses ICC Handbook on Transport and the Incoterms® 2020 Rules Your interactive guide to selecting the right Incoterms®2020 rule. Get the Handbook Step 1 How to seize global trade opportunities Step 2 How to draft a contract Step 3 How to execute a business transaction Step 4 How to prevent and solve potential disputes in business Step 5 How to meet international ESG requirements Related pages How to execute a business transaction How to execute a business transaction How to prevent and solve potential disputes in business How to prevent and solve potential disputes in business How to meet international ESG requirements How to meet international ESG requirements

< Back < Previous | Next > Shifting the perspective of ethics and compliance by focusing on return-on-investment Tim Morss - CEO, SpeakUp 23 Mar 2026 Compliance is often treated as overhead until the costs of non-compliance show up in legal fees, disruption, and lost trust. This post explains how you can reframe ethics and compliance as a value protecting system and shows how ROI language helps shift compliance from the department of no to an active safeguard and contributor of enterprise value. Shifting the perspective of ethics and compliance by focusing on return-on-investment Too often compliance officers bring forward real business challenges, only to be told there’s no budget. Meanwhile, the weekly floral arrangements in the company lobby cost more than the tools that would help prevent small problems from becoming expensive ones. That disconnect is more than frustrating. It’s a symptom of how compliance is still perceived in many organizations, a cost. And when compliance is viewed that way, it gets resourced that way. Just enough to meet the minimum but not enough to be effective. A different approach starts with a different story. To shift the perception of compliance from “the department of no” to an active safeguard of business value, the conversation can’t begin with policies. It must begin with value. When compliance is communicated in ROI terms, four outcomes become easier for leadership to see: · It’s more cost-effective than crisis response · It strengthens brand perception · It improves productivity · And it supports retention If compliance is expensive, try non-compliance Non-compliance is rarely tracked as a single line item. It hides in legal fees, external counsel, internal investigations, operational disruption, customer churn, reputational damage, and leadership time that gets pulled away from growth priorities to deal with a fire. Everyone has felt it, but few organizations total it up. ROI framing changes that dynamic. It turns compliance into the kind of investment leaders are already used to making, i.e. trading unpredictable, unplanned costs for a smaller, planned spend that reduces volatility. Compliance keeps the business out of expensive chaos. And doing that requires funding. Compliance pays for itself One of the most useful ways to explain the ROI of ethics and compliance is to analyze the cost of real-world failures and focus on how strong programs change the pattern of incidents. Strong programs don’t create a perfect world where nothing goes wrong, but they do reduce the frequency, severity, and duration of problems. Research has pointed to the same core conclusion for years: organizations with weaker programs spend meaningfully more on penalties, legal fees, and disruption than those with stronger ones. Roughly, an average of $9.4M per year in non-compliance costs versus $3.5M per year to run a strong compliance program. On average, that’s a different of $5.9M per year that can be put back into the business. It’s not necessary to walk into a budget conversation and claim a precise ROI number. What matters is explaining the mechanism. Strong programs catch issues earlier, handle them consistently, and document them well. That lowers the cost of remediation, reduces reliance on outside counsel, and gives leadership confidence that risk is being managed. Its changes the conversation from being a moral argument, to an operational one. Speed matters: time is a cost driver If there’s one ROI lever executives understand immediately, it’s speed. The longer an issue sits unresolved, the more expensive it becomes. More meetings, more people involved, more time spent chasing facts, more uncertainty hanging over a team, more opportunity for the problem to spread, and more chances the story breaks externally instead of being handled internally. When intake is simple, triage is structured, ownership is clear, and documentation is reliable, investigations move faster and decisions get made sooner. There’s also a second-order benefit that’s harder to quantify but easy to feel: employees notice when action happens quickly and fairly. Ethics builds loyalty because trust is sticky The compliance conversation often gets trapped in a narrow frame: penalties and regulations. But the bigger value is cultural. Great people want to work for great organizations, and great organizations are the ones where employees believe the standards are real, the process is fair, and speaking up won’t end their career. When the system feels trustworthy, people stay. When it doesn’t, they quietly start looking to leave and the organization pays for it in turnover, lost productivity, and leadership distraction. Research summarized in Harvard Business Review has highlighted how ethical environments and psychological safety correlate with loyalty and retention. That matters because retention is one of the most expensive problems businesses have. Replacing experienced employees costs real money, and it drains momentum from teams. The ROI of compliance isn’t only about avoiding downside but also strengthening the investment the organization has already made people, knowledge, culture, and execution capacity. Culture drives performance Values-driven cultures function better. Engagement goes up when people trust leadership and believe the rules apply consistently, and productivity tends to follow. Research from Gallup, shows that a straight line can be drawn from a credible ethics environment to day-to-day performance. Teams spend less time navigating internal politics. People collaborate more openly because they aren’t constantly protecting themselves. The organization moves faster because trust removes friction. Ethics shows up in brand and market confidence Risks create volatility whereas transparency creates stability. Even for private companies, trust is priced. Customers ask for assurance. Partners assess credibility. Employees decide whether values are real. Investors and boards price uncertainty aggressively. Organizations with strong compliance programs are not risk-free, but they are less surprising and that is a competitive advantage. This is another reason ROI framing shifts perception, it connects compliance to outcomes leaders already value: stability, reputation, and confidence. The shift that changes everything Compliance only looks like a cost center when it’s described as one. It looks like a value function when it’s described as a system that protects value and strengthens performance. The equation is simple: · When people feel safe to report, issues surface sooner. · When issues surface sooner, they get resolved faster. · When they get resolved faster, they don’t snowball into reputation- or revenue-destroying crises. · When employees see that the system works, they trust it · And that trust builds loyalty and productivity. This is what is actually being purchased when compliance is funded, but it’s rarely communicated this way. So the next time a budget conversation comes up, don’t lead with a tool, lead with outcomes. Talk about reducing the cost of disruption, strengthening brand perception, improving productivity, and retaining great people. Flowers are nice. But funding compliance is how an organization protects, and grows, what it’s building.

Conciliation Conciliation is typically a structured, evaluative process, often mandated by courts, particularly in civil-law jurisdictions, aimed primarily at financial settlements without ongoing relationships. How does conciliation 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. Advantages of Conciliation Low cost Flexibility Confidentiality Short procedure Neutral third-party You are not sure whether to choose conciliation or mediation? Take a test FAQ How is conciliation different from mediation? Conciliation typically involves a more active role for the conciliator and is used in disputes that may benefit from expert guidance, while mediation focuses on helping parties reach their own agreements with minimal intervention from the mediator. When should I use conciliation? Conciliation is ideal when the parties involved in a dispute need assistance in overcoming communication barriers or finding a workable compromise. Can conciliation help preserve business relationships? Yes, one of the major benefits of conciliation is that it helps preserve relationships between the parties. Since the process is cooperative and designed to find win-win solutions, it can be an excellent way to resolve disputes without damaging professional or personal relationships. Is conciliation a legal process? Conciliation is a non-legal process that falls under alternative dispute resolution (ADR).In some legal frameworks, conciliation may be required before a court case can proceed. What happens if conciliation doesn’t work? If conciliation does not lead to an agreement, the parties are free to explore other options, such as mediation, arbitration, or litigation.

< Back Manon Schonewille Proactive Mediators Mediator Biography Since 2014, Manon Schonewille has been selected and endorsed as leading individual in 'Who's Who Legal in Mediation', she is on the Global Mediation Panel for five UN organizations and mediator for cases of the Enterprise Chamber of the Amsterdam Court of Appeal. (Ondernemingskamer). Testimonials from peers, parties and party advisors are referenced on her website: https://www.manonschonewille.nl/ I am an internationally acclaimed business mediator, negotiator and author of the bestselling book ‘Toolkit Mediation’. Based in the international city of Rotterdam The Netherlands. My mission is to redefine conflict resolution by empowering lawyers and a new generation of mediators to skilfully guide others in managing and preventing conflicts. Rather than fixating solely on the content of the conflict and its legal aspects, my approach revolves around respecting the People, the Problem and the Process. As a mediator I assist all parties in navigating their way to resolve the issues at hand by tapping into their own potential and uncovering all interests and needs. My focus spans conflict resolution and prevention, both intricately interwoven, with a deep understanding of the human dimension. In collaboration with my clients, conflicts are transformed into catalysts for business opportunities, facilitating the transition from uncertainty to clarity, finding converging interests and shared visions for sustainable business and personal growth. Next to my practice as a mediator and negotiator, I founded The Academy of Legal Mediation and Mundi Mediatores , with the vision to generate a new conflict resolution paradigm. Contact Details Netherlands 0654336192 manon@toolkitcompany.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, German Specialisation Consultancy Services (Other than Legal), Business Mediation, Employment Mediation Bar Admission(s) Credentials IMI, MfN, CEDR CV

< Back Mirjam van de Hel-Koedoot NautaDutilh Arbitrator Biography Mirjam van de Hel – Koedoot heads NautaDutilh’s arbitration practice and specialises in international arbitration and arbitration-related court proceedings. Mirjam has extensive experience acting as counsel in commercial and investment treaty arbitrations under a variety of arbitration rules (including ICC, LCIA, UNCITRAL, ICSID and NAI Rules). She also regularly acts in complex and high-value court proceedings concerning the setting aside and enforcement of arbitral awards, especially relating to disputes involving bilateral and multilateral investment treaties. Mirjam is Chair of the Executive Board of the European Federation for Investment Law and Arbitration (EFILA) and a board member of the Dutch Arbitration Association (DAA). Contact Details Netherlands +31 20 71 71 623 Mirjam.vandeHel-Koedoot@nautadutilh.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 Specialisation Commercial, Investment / Public International Law, Enforcement and Annulment of Arbitral Awards Bar Admission(s) Credentials CV

< Back Bas Van Zelst Enhance Arbitration B.V. Arbitrator, Mediator Biography Prof. Bas van Zelst co-founded Enhance Arbitration. Building on about 20 years of experience, Bas acts as counsel, arbitrator, and expert in commercial and investment matters – including on annulment and enforcement mandates. Bas has extensive experience in conducting and advising on national and international commercial arbitration and related proceedings before the regular courts. He has been involved in arbitration procedures under the ICC, NAI, LCIA, UNCITRAL and DIS arbitration rules. Prof. Van Zelst combines his full-time counsel practice with a position as professor of dispute resolution and arbitration at the University of Maastricht. He is a member of the editorial board of TvA, the Dutch Journal of Arbitration Law, and a member of the Netherlands Arbitration Institute's Advisory Board since 2018. Contact Details Netherlands +31611388570 zelst@enhancearbitration.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 English, Dutch Specialisation Construction, Engineering, Distribution, Franchising, Investment / Public International Law, Corporate Law / M&A, Energy and Natural Resources Bar Admission(s) NL (Dutch Bar) Credentials CEDR CV

Explore ICC's work in anti-corruption, integrity, corporate reporting, and human rights. Learn how our Commission promotes transparency and ethical practices, develops global policies, and provides tools to help businesses navigate compliance and uphold human rights standards. Anti-corruption, Integrity, Corporate reporting & Human Rights Free and fair competition, transparency, respect and compliance with the rule of law are a reflection of an efficiently functioning global economy. Discover the Commission's Key Initiatives The International Chamber of Commerce (ICC) stands at the forefront of empowering businesses to operate with the highest standards of responsibility and ethics. Through an extensive suite of resources and tools, ICC is committed to assisting companies in enhancing their corporate conduct and practices. At the heart of this mission lies the ICC Commission on Anti-corruption, Integrity, Corporate Reporting, and Human Rights. This pivotal commission is formulating policy recommendations and creating actionable tools, all from a comprehensive global business standpoint. Our focus is on fostering corporate accountability, promoting transparency, and leading the charge against corruption. The Commission is a collective of esteemed experts and thought leaders from around the world, all united by a shared dedication to these critical issues. Each member brings a wealth of knowledge and experience, representing businesses that are deeply committed to advancing corporate integrity, ethical governance, and human rights. Anti-corruption & Integrity Discover Corporate Reporting Discover Human Rights Discover Combating Corruption Corruption represents a significant barrier to integrity in business dealings, eroding fair competition, skewing the allocation of resources, diminishing public trust, and weakening the rule of law. The susceptibility of businesses to corruption varies based on factors such as their size, degree of international activity, and the nature and scope of their operations. At the heart of corporate responsibility and sound governance, combating corruption is becoming a crucial part of companies' policies for managing their operations. Nonetheless, small to medium enterprises (SMEs) often find themselves at a disadvantage, lacking the resources to meet anti-corruption standards fully. The International Chamber of Commerce (ICC) has long championed the importance of businesses adhering to self-regulated compliance measures. It acknowledges the foundational role that international organizations and national governments play in eradicating corrupt practices, including extortion, solicitation, and bribery. Pioneering the fight against corruption, ICC issued its first set of anti-corruption guidelines in 1977 with the Rules of Conduct to Combat Extortion and Bribery. These rules, regularly updated, align with significant international legal frameworks like the OECD Convention on Combating Bribery of Foreign Public Officials (1997) and the United Nations Convention against Corruption (2003), marking critical advancements in the global effort against corruption. ICC’s suite of anti-corruption resources aims to empower the private sector with training and self-regulation tools, driving forward the global mission to eradicate corruption through practical, action-oriented solutions. ICC Rules on combating corruption 11 December 2023 The ICC Rules on Combating Corruption constitute the cornerstone of ICC's anti-corruption work, serving both as a tool for self-regulation by business and as a roadmap for governments in their efforts to fight extortion and bribery. Publications ICC Anti-corruption Clause 11 November 2016 This ICC Anti-corruption Clause is for companies to include in their agreements, whereby they undertake to comply with the ICC Rules on Combating Corruption or commit to put in place and maintain an anti-corruption compliance programme. The Week of Integrity The Week of Integrity is the annual multi-stakeholder initiative that aims to foster the exchange of knowledge and stimulate the debate on integrity in the workplace and in the boardroom, at all types of organizations. Visit our website Business and Human Rights The International Chamber of Commerce (ICC) champions the critical role businesses play in upholding human rights and advocates for meaningful collaboration between governments and the business sector to exchange insights on developing and managing human rights obligations. The Business Imperative for Human Rights Protection Businesses are instrumental in fostering peaceful, inclusive societies, which are at the heart of the United Nations Sustainable Development Goals (SDGs). By respecting human rights, companies not only align with ethical standards but also contribute significantly to the global mission of achieving these goals. Guiding Businesses Towards Human Rights Compliance The United Nations Guiding Principles on Business and Human Rights serve as a comprehensive framework outlining the responsibilities of governments and businesses in safeguarding human rights. ICC is committed to facilitating the adoption of these principles by the business community. Numerous ICC member companies have already made strides in ensuring human rights protection by establishing grievance mechanisms for remedy within their operations. The Essential Role of Governments While the business community plays a crucial role in respecting human rights, the foundational responsibility lies with Governments. ICC encourages governments to proactively engage with businesses, leveraging the sector's valuable experiences in implementing human rights commitments. This collaborative approach is key to enhancing the effectiveness of human rights protection globally. Discover the initiatives to galvanize both businesses and governments towards the advancement of Human Rights. ICC initiatives for Human Rights Corporate Reporting In an increasingly regulated world, companies are confronted with the daunting task of navigating through a complex maze of new regulations. These emerging standards worldwide not only place a significant burden of proof on businesses regarding their reporting practices but also have profound financial implications. The intricacies of compliance are further compounded by the imperative to maintain a level playing field both within the European Union (EU) and in the broader global market. Successfully managing these challenges is essential for companies aiming to preserve their competitive edge and uphold their integrity in the international arena. The International Chamber of Commerce (ICC) stands at the forefront of global business representation, advocating tirelessly to ensure that the voice of business is heard and that the conditions necessary for businesses to thrive and engage in international trade are maintained. ICC is dedicated to developing tools and resources that assist companies in refining their corporate reporting and operational strategies to meet these evolving challenges. Recognizing the critical link between responsible business conduct and corporate success, more businesses are integrating principles of transparency, ethics, and risk management into their governance frameworks. These practices are pivotal not only for effective management but also for bolstering a company's reputation and securing its long-term financial prosperity. Four ICC leaders will be co-leading task forces of the B20 group, the platform for the international business community to support the work of the G20 process organised under the stewardship of host country Brazil this year. ICC to guide business priorities for G20

Sign up for ICC arbitration and ADR training in The Hague. Tailored for large firms, with options for in-house teams. External participants may join with a fee. Certificates provided. ICC Arbitration and ADR Training Registration Form As part of our commitment to providing better services and increasing knowledge around ICC Arbitration and DRS, we are pleased to offer our members the opportunity to participate in a training on ICC Arbitration and Alternative Dispute Resolutions. This training will be offered in the Netherlands, free of charge for our members, and conducted by a member of the ICC Dispute Resolution Services. How Does It Work? For Larger Firms : We offer the possibility of organizing in-house training sessions, for groups of 5 to 20 participants to ensure active participation. Up to 3 training sessions can be scheduled in a day, depending on the final agenda. We can tailor the agenda to suit your needs, making it a 1.5 to 3-hour training session. There is also the option to focus on specific aspects of ICC arbitration for a more targeted session. Certificates of attendance will be provided by ICC, allowing lawyers to claim their PO points. To streamline the registration process, please submit this form. Name of Firm Expected Number of Trainees Can the Training be Hosted In-House? * Yes No Type of Training * Introduction to ICC Arbitration Focus Session on Specific Areas of ICC Arbitration Both Select topics you would like to address: * Required Overview of ICC Arbitration Role of the ICC Secretariat Role of the ICC Court Drafting Arbitration Agreements (incl. Scrutiny Process, Expedited Proceedings, Emergency Arbitration, Terms of Reference) Selection of Arbitrators Complex Arbitrations ICC Mediation Dispute Boards Proposed Timing (we will contact you for exact dates, please provide an indicative timeline) * required Preferred Time 08:00 AM 08:30 AM 09:00 AM 09:30 AM 10:00 AM 10:30 AM 11:00 AM 11:30 AM 12:00 PM 12:30 PM 01:00 PM 01:30 PM 02:00 PM 02:30 PM 03:00 PM 03:30 PM 04:00 PM 04:30 PM 05:00 PM 05:30 PM Choose a time Focus Session topics you would like to address: * Required Overview of ICC Arbitration Role of the ICC Secretariat Role of the ICC Court Drafting Arbitration Agreements (incl. Scrutiny Process, Expedited Proceedings, Emergency Arbitration, Terms of Reference) Selection of Arbitrators Complex Arbitrations ICC Mediation Dispute Boards Preferred Time 08:00 AM 08:30 AM 09:00 AM 09:30 AM 10:00 AM 10:30 AM 11:00 AM 11:30 AM 12:00 PM 12:30 PM 01:00 PM 01:30 PM 02:00 PM 02:30 PM 03:00 PM 03:30 PM 04:00 PM 04:30 PM 05:00 PM 05:30 PM Choose a time Contact Information: Additional Notes or Requirements I agree to the terms & conditions View terms of use Submit Thank you for submitting the form. We will contact you soon!

ICC Decision Tree Choosing the right dispute resolution mechanism for your contract is an important decision. This decision tree will help you determine whether arbitration or litigation is better suited for your specific situation. Various factors, such as the location of your counterparty, enforcement considerations, confidentiality, flexibility, and costs, play a role in this decision. By answering the following questions, you will receive an indication of which method may be most appropriate for your contract. Question 1 When including a dispute resolution clause in a contract, you have the choice between arbitration and litigation before the state courts. A relevant factor to make the choice is whether your counterparty is located in the Netherlands. Is your counterparty based in the Netherlands? Yes If you answer this question with yes, the Dutch courts will usually have jurisdiction, even without a choice of forum clause for the Dutch courts. You are now referred to question 7 to find out whether there may be factors to make you want to choose for arbitration. No If you answer this question with no, it is important where your counterparty is located. You are referred to question 2. Question 2 When your counterparty is located outside the Netherlands, it is relevant whether this party is located within or outside the EU. Is your counterparty based in the EU? Yes If your counterparty is located in the EU, a judgment from a Dutch court may be recognised and enforced easily in the country of your counterparty and a judgment rendered by a court of your counterparty’s country may also be easily recognised and enforced in the Netherlands. You are now referred to question 3. No If your counterparty is not located in the EU, a judgment from a Dutch court may not be recognised and enforced easily in the location of your counterparty and a judgment rendered by a court of your counterparty’s residence may not be easily recognised and enforced in the Netherlands either, depending on where your counterparty is located. You are now referred to question 4. 🔄 Start over ⬅ Back to previous question Question 3 When your counterparty is located in the EU, the question arises whether you have objections against litigating before the court of the country of your counterparty in case of a dispute. If your counterparty is located in the EU, do you mind whether you have to litigate before a Dutch court or the court of the country of your counterparty? Yes In case you mind litigating abroad and your counterparty does not wish to agree to litigation before the Dutch courts, arbitration may be an agreeable alternative. In case of arbitration, the dispute could be heard in a neutral location, by a neutral tribunal in the English language (or any other language the parties prefer). You are now referred to question 6. No In case you do not have a strong preference where to litigate, you are referred to question 7 to see whether there are others reasons to choose for arbitration. 🔄 Start over ⬅ Back to previous question Question 4 If your counterparty is located outside the EU, it is relevant whether your counterparty is located in either Iceland, Norway, Switzerland, Mexico, Singapore or the United Kingdom. Is your counterparty located in any of the aforementioned jurisdictions? Yes In case your counterparty is located in one of the aforementioned jurisdictions, a judgment from a Dutch court may be recognised and enforced easily in the location of your counterparty and a judgment rendered by a court of your counterparty’s residence may also be easily recognised and enforced in the Netherlands. You will now be referred to question 5. No In case your counterparty is not located in one of the aforementioned jurisdictions, a judgment from a Dutch court may not be (easily) recognised and enforced in the location of your counterparty and a judgment rendered by a court of your counterparty’s residence may also not be easily recognised and enforced in the Netherlands. An arbitral award, on the other hand, may be easily recognised and enforced in the country of your counterparty under the New York Convention. There are more than 170 countries party to this convention. You will now be referred to question 6. 🔄 Start over ⬅ Back to previous question Question 5 When your counterparty is located in Iceland, Norway, Switzerland Mexico, Singapore or the United Kingdom [add states], the question arises whether you mind litigating before the court of the country of your counterparty should it come to a dispute. If your counterparty is located in one of the aforementioned states, do you mind whether you have to litigate before a Dutch court or the court of the country of your counterparty? Yes In case you mind to litigate abroad and your counterparty does not want to agree to litigation before the Dutch courts, arbitration may be an agreeable alternative, where the dispute could be heard in a neutral location, by a neutral tribunal in the English language (or any other language the parties prefer). You are now referred to question 6. No In case you would not mind to litigate abroad, you are referred to question 7 to see whether there are other reasons to choose for arbitration. 🔄 Start over ⬅ Back to previous question Question 6 In most, if not all jurisdictions, court proceedings are in principle public and judgments are published. In some jurisdictions, the court file is also public. Arbitration is generally considered to be confidential. Hearings are in any case not open to the public and arbitral awards do not have to be published. Is it important for you that a dispute that may arise with your counterparty is treated as confidential? Yes In case you prefer your dispute to be treated as confidential, this may be a reason to opt for arbitration. If you choose ICC arbitration, it is advised to stipulate in your arbitration clause that the award is not to be published. Follow the link to find more about The ICC Model Clause. No In case you do not mind that the hearing is open to the public and that the judgment or award is published, you could also choose for litigation before the state courts, save if there are other reasons to choose for arbitration. You could explore this further with the next questions. 🔄 Start over ⬅ Back to previous question Question 7 Court proceedings usually take place in accordance with strict procedural rules, with limited options to amend the procedure to the wishes of the parties. Arbitration, on the other hand, gives the parties more flexibility and the arbitration could potentially be tailored to meet the requirements of the case and the wishes of the parties. Is it important for you that you could possibly have more influence over the manner in which the proceedings are conducted? Yes If it is important for you that you could possibly have more influence over the manner in which the proceedings are conducted, arbitration may be interesting for you. No If it is not important for you to have more influence over the manner in which the proceedings are conducted, you could also choose for litigation before the state courts, save if there are other reasons to choose for arbitration. You could explore this further with the next questions. 🔄 Start over ⬅ Back to previous question Question 8 When you opt for arbitration, there is generally no possibility to appeal the decision of the tribunal; the arbitral decision is final and binding on the parties. In case of court litigation, there is generally an option to appeal the decision of the court of first instance (most certainly in the Netherlands, although not necessarily in the same way in other jurisdictions) and cassation proceedings may also be possible. Is it important for you that appeal is excluded? Yes In case you wish to exclude the option of appeal, it may make sense to choose for arbitration. However, please note that there may exist the option to challenge an arbitral award in setting aside proceedings before the state courts, but the scope of these proceedings is much more limited than the scope of a regular appeal. No In case you wish there is an option of appeal, we could understand you choose for court litigation, although appeal could sometimes also be agreed upon for arbitration. 🔄 Start over ⬅ Back to previous question Question 9 When you litigate before the state courts, you usually litigate in the language of the country of the court, e.g., French before the French courts, or Dutch before the Dutch courts. In arbitration, the parties can choose the language of the proceedings. English is often chosen, but that is not required. Is it important for you that the proceedings can be conducted in a language that is understandable to all parties? Yes If you wish that the proceedings can be conducted in a language that is understandable to all parties, it may make sense to choose for arbitration, although in some jurisdictions, state court proceedings could also take place in English. No If you do not mind the language of the proceedings, you could opt for state court proceedings. 🔄 Start over ⬅ Back to previous question Question 10 In case you opt for arbitration, an administrative fee must usually be paid if the arbitration is administered by an arbitration institute (such as the ICC), and the claimant (and in case of ICC arbitration also the respondent) should pay an advance for costs of among others the arbitrator or arbitrators. The advance that must be paid depends in most cases on the amount in dispute. In case of court litigation, the parties do not have to pay the costs of the judges, just registration (court) fees, which are relatively low in the Netherlands, but may be relatively high in other jurisdictions. Are you willing to accept to pay an advance for costs at the beginning of the proceedings? Yes In case you do not mind to pay the said advance on costs, there is nothing that prevents you from choosing for arbitration. Should you ultimately prevail in the arbitration and should the tribunal thus decide in your favour, it is likely that your counterparty must bear the costs of the arbitration and must reimburse to you the advance you paid. No In case you do not want to pay the said advance, but just registration fees, you may wish to choose for state court litigation. 🔄 Start over ⬅ Back to previous question Question 11 In case of state court proceedings, at least in the Netherlands, often only a fraction of your actual legal costs are reimbursed if you prevail. In case of arbitration, this is not necessarily the case and your counterparty may be ordered to compensate all your legal costs, assuming these are reasonable. Of course, should you lose, you may also be ordered to pay your counterparty’s reasonable costs. Is it important for you that your legal costs can be compensated and do you accept that you could be ordered to pay your counterparty’s legal costs if you do not prevail on the merits? Yes If this is important for you, this may be a reason to choose for arbitration, or to include such an arrangement in your contract. No If this is not important, or if you mind to compensate your counterparty’s costs, this may be a reason to opt for litigation before the state courts. 🔄 Start over ⬅ Back to previous question Thank you for the participation! Based on the answers you provided, it appears that Arbitration may be the most suitable dispute resolution mechanism for your contract. However, this decision tree serves as a general guide only and does not constitute legal advice. We strongly recommend consulting with a legal professional, especially if you're surprised by the output, to review your specific circumstances and ensure the best approach for your contract. Start over Thank you for the participation! Based on the answers you provided, it appears that Litigation may be the most suitable dispute resolution mechanism for your contract. However, this decision tree serves as a general guide only and does not constitute legal advice. We strongly recommend consulting with a legal professional, especially if you're surprised by the output, to review your specific circumstances and ensure the best approach for your contract. Start over

< Back Professor Albert Jan van den Berg Hanotiau & van den Berg Arbitrator Biography Professor Albert Jan van den Berg is a partner at Hanotiau & van den Berg (Brussels, Belgium). He is a sought-after presiding and party-appointed arbitrator in numerous international commercial and investment arbitrations. He also acts as counsel in international commercial arbitrations and in set aside proceedings. Professor van den Berg is Honorary President of the International Council for Commercial Arbitration, having served as President from 2014–2016. He is Distinguished Faculty Co-Chair of the International Arbitration LL.M. Program at the University of Miami School of Law and a Visiting Professor at Georgetown University Law Center, National University of Singapore Faculty of Law and Tsinghua University School of Law. Professor van den Berg is also a member of the faculty and the advisory board of the University of Geneva Master in International Dispute Settlement Program. He is Emeritus Professor (Arbitration Chair) at Erasmus University, Rotterdam. He is Honorary President of the Netherlands Arbitration Institute, having served as its President and Secretary General, and former Vice-President of the London Court of International Arbitration. Professor van den Berg has published extensively on international arbitration (see www.hvdb.com ), in particular, the New York Convention of 1958 (see www.newyorkconvention.org ). His awards include: Global Arbitration Review, Best Prepared and Most Responsive Arbitrator in 2013; The International Who’s Who Legal, Arbitration: Lawyer of the Year in 2006, 2011 and 2017. Contact Details Belgium +32 2290 3913 ajvandenberg@hvdb.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, Italian, Spanish, German, French Specialisation Aviation, Finance and Banking, Construction, Distribution, Energy, Insurance, Investment / Public International Law, Joint Ventures, Licensing, Media, Pharmaceutical, Corporate Law / M&A, Real Estate, Sales, Renewable Energy, Sports, Telecoms Bar Admission(s) Credentials CV

< Back Bart Neervoort NEERVOORT Mediation Arbitrage (handelsnaam Nirwa Werk) Mediator Biography Former attorney with 30 year experience in international litigation and arbitration and former judge with the Amsterdam appeal court. Trained as a mediator in the UK (CEDR) and the US (Harvard). International corporate and commercial mediator since 2002. Over 400 mediations since then. Described by parties as a no nonsense dealmaker. Regular mediation appoinments by ICC. Contact Details Netherlands 0031653202437 neervoort@med-arb.nl 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 English, Dutch, French Specialisation Transport, Real Estate, Maritime, Joint Ventures, Insurance, Finance and Banking, Energy and Natural Resources, Distribution, Corporate Law / M&A, Consultancy Services (Other than Legal), Construction, Competition, Agency (Representation), Employment, Information and Communication Technologies, Sales, Pharmaceutical, Insolvency, Mass Claims, Personal Injury Bar Admission(s) Credentials IMI, MfN, CEDR, Other CV

< Back Professor Dr Niek Peters Legaltree Arbitrator Biography Professor Dr Niek Peters is a partner at Legaltree and professor of international commercial arbitration at the University of Groningen. Niek sits as arbitrator (sole arbitrator, co-arbitrator and chair) in commercial arbitrations, both ad hoc (including UNCITRAL) and institutional (e.g. , ICC, NAI, LCIA, UNUM). He also acts as counsel in commercial arbitrations and court litigation, including setting aside and enforcement proceedings. Niek‘s practice, both as counsel and arbitrator, focuses on the energy sector, the construction sector, the transport sector, the financial services sector and international trade. Many cases concern contractual disputes and damages claims. In this context, Niek also has experience with shareholder disputes, joint venture disputes, post M&A disputes and professional liability claims. Many of Niek’s cases have an international element and are governed by foreign law. Niek is a board member of the Royal Netherlands Association for International Law and the Dutch Arbitration Association. He is also a delegate to the ICC’s International Commission on Arbitration & ADR. During his career he has published many books and articles on arbitration, private international law and liability law. In Legal500 Niek has been recognized as a leading individual in the field of arbitration and he has been in included in Who’s Who Legal for many years. In Who‘s Who Legal he has been described as “a great attorney ”, “a clever practitioner ”, “quick minded and smart ”, “extremely thorough ”, “with a strong knowledge of arbitration law ”, and with “the ability to find practical and effective solutions to difficult issues ”. In Legal500 it was stated that Niek has “a strong legal knowledge ” and “a strong intellect ”, and that he “combines high-level academic knowledge with practical experience ” that “helps to solve the most difficult questions ” in “a low-key, can-do approach ”. "Nothing beats a well-prepared arbitrator" -Niek Peters Contact Details Netherlands +31 20 80 06 367 niek.peters@legaltree.nl 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 Specialisation Commercial, Investment / Public International Law, Joint Ventures, Corporate Law / M&A, Mass Claims Bar Admission(s) Credentials CV