On negotiating international commercial contracts with Michael Mcilwrath

Michael Mcilwrath is a global leader in dispute resolution. He has dedicated his career to resolving conflict through international negotiation, mediation, arbitration, and court litigation, and also by promoting broader access to civil justice that is fair and efficient.

Michael 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 GE’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.

In our chat, Michael recalls how he got into the field of negotiation and dispute resolution and shares the most memorable dispute he has ever resolved. He also lists the most common issues that arise during the processes of resolving disputes around international commercial contracts and the aspects that individuals and businesses should focus on when negotiating them. Michael also answers a question from Chat GPT: What is the most effective approach to negotiating international commercial contracts and why? He also talks about what inspired him to write his book: “Negotiating International Commercial Contracts” and gives a brief overview of the key themes and topics covered in his book. He also reflects upon the recent changes in the global business environment and how they have impacted international contract negotiations. We also speculate whether Chat GPT or other AI machines will replace us at the negotiating table. Concluding, Michael shares practical tips or advice for those looking to enhance their negotiation skills in the context of international commercial contracts.

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