FOUR PARTIES AND FOUR SETS OF COUNSEL TO EVERY DISPUTE

Mark Kantor, Keynote Address delivered on the occasion of Delos’s Inaugural Event in New York, on 11 December 2018, published on 20 January 2021 There are, in every arbitration, at least four parties and four sets of counsel. Two of them are very familiar to all of us. They are the claimant and the respondent – once the dispute has crystalized, the disputing parties – and their counsel in that dispute, claimant’s counsel and respondent’s counsel. But there are two other parties and two other sets of counsel. They are the transactional contract counterparties – back when the contract or transaction was being put together. When we were all optimists. There were never going to be disputes. If there were … Read More