KULTURNE RAZLIKE V ARBITRAŽI

Notes on the Cultural Dimension of International Commercial Arbitration

Ian Meredith, Hendrik Puschmann

This article analyses current strands of thinking among scholars and practising lawyers on what constitutes the “cultural dimension” of international arbitration. The authors outline why, in contrast to the position taken by some scholars and practitioners, cultural misunderstandings – resulting from different expectations among stakeholders – arbitrators, counsel, party representatives, witnesses – continue to play a material role in the course (and in some cases the outcome) of international arbitrations. The article then sets out several examples of areas in which misunderstandings are likely to occur, e.g. in relation to the weight attributed to witness evidence, the coaching of witnesses and experts and approaches to document production. The authors conclude with some thoughts on how practitioners may seek to hedge against such misunderstandings arising.