Cross Cultural Aspects of International Litigation and Arbitration

Dear friends,

I am inspired by the Spring 2010 issue of International Law News, Section of International Law, American Bar Association, Volume 39, No.2, to write this series on the Cross Cultural Aspects of International Litigation and Arbitration. The final line on the front page of this issue says, "This issue revolves around these practical examples of clashing legal cultures."

I suggest that there is no need to understand the various legal cultures in our world as "clashing". The word "clashing" sets up a battlefield outlook on the differences in the legal cultures in our world. Perhaps a more workable way to "see" or to understand the various legal cultures in our world is to apply the Best Practices method that when followed creates a mutually repectful approach of working together as differing legal cultures in any venue. The Best Practices method thus allows for building bridges of understanding and a collaborative approach for situations where the legal systems of various countries and thus the underlying national cultures meet to resolve disputes that have arisen.

Today I will begin to apply Best Practice Number One to the varying legal cultures in our world, a fundamental beginning toward our goal of resolving disputes in a mutually respectful manner leading to building bridges of ongoing workable understandings among varying legal cultures.

A national legal system whether based upon civil or common law, essentially supports the nation's culture, especially the nation's cultural values. Cultural values are best understood when one understands the core of a culture is its values. Those cultural core values inform the culture's rituals, who its heroes are, the cultural meaning of its valued symbols. When one is working in a foreign legal system, foreign to one's own national culture and legal training, it is fundamental to being successful in representing one's client in the foreign legal culture, to understand what the foreign culture's core values are and how they give meaning to the daily and highly valued cultural rituals, culturally valued heroes, and the symbolic meaning of cultural words, behaviors, pictures and things. (Hofstede, Geert; Hofstede, Gert Jan, CULTURES AND ORGANIZATIONS, Software of the Mind, McGraw-Hill, 2005).

A brief example can be seen in a scenario where a person from a national culture where the individual is highly valued is sent to work in a nation where the group is valued over the individual. Perspectives based upon differing values, from the outset are quite different. When a dispute arises from the work setting, the most sound approach is to have informed the person sent to the foreign work setting of his/her own cultural values and then informed him.her of those of the people living in the nation where he/she will work. With such cultural understandings learned before entering the foreign work setting, disputes can be approached and worked through in a more time saving, relatinship building and thus cost effective manner. The greatest benefit that can flow from such cultural understandings is building the bridges of mutual understanding and respect that can then bolster all present and future work settings in the foreign location.

I will follow tomorrow with a more detailed application of Best Practice Number One. The Best Practices to which I am referring can be found in the ABA GUIDE TO INTERNATIONAL BUSINESS NEGOTIATIONS, A Comparison of Cross Cultural Issues and Successful Approaches, Third Edition, Section of International Law and Practice, American Bar Association, May 2009. Please see Chapter 8 for a fuller understanding of what I have written on Best Practices for global work settings.

Until tomorrow, warm regards,

Jane

Jane E. Smith, Esq.
LiSimba Consulting Services, Inc.
Building Relationships for International Business Success
www.lisimba.com
jsmith@lisimba.com