When we approach a negotiation, we bring with us our culture (or cultures), that is, our “common sense”. But the other parties might not share the same “common sense” and this can lead to gaffes or clashes.Read More
Bernando Cartoni addresses the topic of arbitrator’s bias by considering two recent and landmark decisions.Read More
Introduction Identifying the parties in dispute correctly is of paramount importance and any mistake can determine the nullity of the arbitral award. A very recent decision of the Hong Kong Court of First Instance provides a helpful illustration of this problem. Facts of the case and ratio decidendi In this case (AB v CD, [2021] […]Read More
This short article aims to outline the impact of different cultures in international legal negotiations and the paramount importance to know the other party’s cultural background to avoid misunderstandings or distrust between the parties, thus reducing the risk of failure. We approach a negotiation, we bring with us our culture (or cultures), that is, our […]Read More