Arbitration as a strategic tool

Yasser Al-Attar, General Counsel at NASS Group & Corporation, highlights how clear arbitration planning can transform legal risk into commercial advantage.

In today’s business climate, legal leadership is no longer just about defense it’s about enabling strategic outcomes. One of the most effective tools I’ve used throughout my career, both as General Counsel and as an international arbitrator, is arbitration. It offers what many legal teams and boards are now demanding: faster resolutions, confidentiality, enforceability, and commercial sensibility.

Arbitral awards are enforceable in more than 170 countries under the New York Convention. For companies operating internationally, this offers real power: the ability to secure final, binding outcomes that can be enforced almost anywhere in the world. That level of certainty is hard to match in traditional litigation, particularly when navigating multiple jurisdictions.

Just as important is confidentiality. Arbitration ensures disputes are handled discreetly away from public scrutiny and media attention. This is crucial for listed companies, family businesses, and partnerships where reputation, shareholder confidence, or sensitive commercial information is at stake.
One of the most compelling reasons to opt for arbitration is time. Courts can be slow, unpredictable, and procedurally rigid. Arbitration, by contrast, offers tailored timelines, industry-expert decision-makers, and flexibility that aligns better with business needs.

“A few well-drafted lines can save months or even years of conflict down the line.”

In one recent cross-border case I led, involving a commercial dispute between a Gulf-based company and a European counterpart, arbitration helped resolve the matter in less than 10 months. Had we gone to court, we would still be waiting for a first hearing.

Despite its strengths, arbitration is often underused or misused because of poor planning. Too many contracts contain vague or incomplete arbitration clauses. As General Counsel, I see it as my duty to ensure dispute resolution provisions are clear, enforceable, and aligned with the company’s operational realities.

A robust arbitration clause should specify:
• The arbitral institution (e.g., ICC, DIAC, BCDR, LCIA)
• The seat of arbitration (which determines procedural law)
• The language and number of arbitrators
• The governing law of the contract

A few well-drafted lines can save months or even years of conflict down the line.
As someone who sits as an arbitrator in civil, commercial, and construction disputes, I’ve seen firsthand how arbitration can deliver practical justice. Parties benefit from neutral, informed adjudication and flexible proceedings that reflect commercial logic. But those advantages only surface when arbitration is integrated proactively into the legal strategy not used reactively after the dispute has escalated.
The future of legal leadership lies in anticipating challenges, not just reacting to them. Arbitration, when applied deliberately and intelligently, helps legal departments deliver both certainty and value.

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