Beyond Stereotypes: Cross-Cultural Differences that Matter for Lawyers

Michael Mcilwrath, ICC Dispute Resolution Services and CEO of MDisputes, ICC Dispute Resolution Services and MDisputes

In over two decades as the head of litigation for international companies, I encountered questions of whether cultural differences contributed to our contract disputes with parties in different countries. These questions were often premised on unhelpful stereotypes, and rarely did I have a satisfactory answer. For example, I once had to explain to senior management the need to initiate an international arbitration between our Italian company and a customer in the Middle East after settlement negotiations had failed. The dispute was over a power project. Although the customer’s team had been open to discussion, their lead engineer blocked any progress and grew angry at proposals aimed at fostering greater collaboration. I was asked whether this inflexibility was a reflection of the engineer’s national culture. It seemed an impossible question to answer.

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Italy Arbitration Consultant November 2024 Vol.17, No. 69, Autumn 2024

Michael Mcilwrath

Michael Mcilwrath has conducted mediations and arbitrations around the world under the rules of the leading international and regional institutions as well as domestic and international ad hoc procedures. Michael spent 22 years as in-house counsel leading dispute resolution teams, most recently as Vice-President of Litigation for Baker Hughes, an energy technology company. Prior to that he was Global Chief Litigation Counsel for GE Oil & Gas, and General Electric’s lead litigation lawyer for Europe. His experience spans the range of disputes arising in technology and services industries, including oil & gas, renewable energy, transportation infrastructure, environmental, healthcare, M&A, and intellectual property.

ICC Dispute Resolution Services and MDisputes

ICC’s market-leading dispute resolution services offer a wide choice of administered procedures as an alternative to litigation for resolving domestic and international disputes. Their globally accessible and completely neutral services are available to anyone: from individuals and private sector enterprises to states and state entities.

Italy Arbitration Consultant November 2024 Vol.17, No. 69, Autumn 2024