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216.73.216.134
216.73.216.134
Arbitration as a form of Negotiation
( Min K. Lee ) , ( Harald Sippel )
UCI I410-ECN-151-24-02-089038660

There is a tendency to view arbitration and negotiation as two completely separate notions. This Article challenges that line of thought in the context of international commercial arbitration. Specifically, this Article argues that arbitration is at its core predicated upon negotiation tactics because a party to an arbitration is essentially negotiating with the opposing party and the arbitral tribunal to obtain the outcome it desires. Consequently, mastering negotiation tactics can help that party gain leverage in the arbitration, thereby maximizing its interest. On that premise, this Article concludes by arguing that practitioners should remain creative and open-minded when devising solutions to their clients’ legal problems.

Ⅰ. INTRODUCTION
Ⅱ. NEGOTIATION IN PRACTICE
Ⅲ. NEGOTIATING WITH THE OPPOSING PARTY
Ⅳ. NEGOTIATING WITH THE ARBITRAL TRIBUNAL
Ⅴ. NEGOTIATIONS IN EX PARTE ARBITRATIONS
Ⅵ. CONCLUSION
[자료제공 : 네이버학술정보]
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