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Lessons Learned (US and UK): Key Elements to Encourage Private Sector Participation in Domestic and International Arbit

Lessons Learned (US and UK): Key Elements to Encourage Private Sector Participation in Domestic and International Arbitration Proceedings. Cyrus Benson 27 March 2014: International Conference on Commercial Arbitration in Mongolia.

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Lessons Learned (US and UK): Key Elements to Encourage Private Sector Participation in Domestic and International Arbit

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  1. Lessons Learned (US and UK): Key Elements to Encourage Private Sector Participation in Domestic and International Arbitration Proceedings Cyrus Benson 27 March 2014: International Conference on Commercial Arbitration in Mongolia

  2. The Question: How to get domestic and international disputants to use or at least consider using arbitration

  3. Top Five Necessary Elements

  4. Provide Certainty/Predictability

  5. Protect Arbitration’s Advantages

  6. Promote Awareness

  7. Foster Comfort Level of Necessary Players

  8. Create Convenience

  9. Top Five Elements To Avoid

  10. Judicial Hostility/Interference

  11. Legislative Aggression/Backlash

  12. Encroachment into Arbitral Process

  13. [Mis]using Public Policy or Other Exceptions

  14. National Bias/Cultural inflexibility

  15. Conclusion

  16. Cyrus Benson Gibson, Dunn & Crutcher LLPTelephone House 2-4 Temple Avenue, London, EC4Y 0HBTel +44 (0)20 7071 4239 • Fax +44 (0)20 7070 9239  cbenson@gibsondunn.com CBenson@gibsondunn.com • www.gibsondunn.com

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