Episode 112
Arbitration vs. Inertia: When a Business Dispute Stops Moving
Your business partnership is stuck in a stalemate that neither side will name out loud, and Marina Akchurina explains why filing a simple document could break it open faster than another round of lawyers.
Most business owners have an arbitration clause buried somewhere in their contracts and no real sense of what it actually does. International arbitration lawyer and arbitrator Marina Akchurina joins Maartje to clear up the confusion, starting with a myth that keeps people stuck: the idea that arbitration is slow, expensive, and reserved for massive disputes. She explains how the process works and why the parties themselves control much of the timeline and procedure. Expedited rules, which most people never hear about, can resolve a mid-sized dispute in under a year.
When two parties stop talking directly and communicate only through letters, that shift is one of the clearest signs a dispute has hit an impasse. Marina explains why filing a request for arbitration doesn't mean giving up on settlement. Filing often pushes the parties back toward it.
The two also dig into why arbitration matters so much for cross-border relationships, where neither party trusts the other's home court system, and why a workable arbitration clause is worth checking before a dispute ever arrives. If your business has been sitting in a conflict that refuses to move, this conversation makes the case for using the tool you may already have.
Episode Breakdown:
00:00 Why Businesses Get Stuck in Unresolved Disputes
02:56 What Is Arbitration? A Clear Definition for Business Owners
05:56 Debunking the Top Myths About Arbitration Cost and Complexity
13:48 When to Invoke Your Arbitration Clause During a Stalemate
19:51 Arbitration Timeline vs Court: How Much Faster Is It?
22:04 Why Cross-Border Businesses Prefer a Neutral Arbitration Forum
26:00 The First Steps to Filing a Request for Arbitration
31:59 How to Draft an Arbitration Clause That Actually Works
Connect with Marina Akchurina:
Connect with Marina on LinkedIn
Marina Akchurina (FCIArb) is an international arbitration lawyer and dispute resolution specialist based in Toronto, Canada. She spent 13 years at Cleary, a leading international law firm headquartered in the U.S., before founding her own practice in 2021. She works on both sides of the arbitration table: as counsel representing companies in cross-border disputes, and as an independent arbitrator. She is admitted to practice in Ontario, New York, and Russia and serves on arbitration panels at leading international institutions, including ICDR, SIAC, HKIAC, DIAC, and others. Her work spans energy and natural resources, construction, infrastructure, and shareholder disputes, with a particular focus on matters involving Central Asian, Caucasian, and Eastern European parties. In addition to her legal practice, Marina consults on negotiation strategy and provides corporate training and mediation services through AksConsult. She serves clients across North America, Europe, and Asia.
Connect with Maartje van Krieken:
Connect with Maartje on LinkedIn
Visit The Chaos Games Consulting website
Visit The Business Emergency Room website
Subscribe to The Business Emergency Room on YouTube
Subscribe to Maartje’s Substack
Host Maartje van Krieken is a crisis strategist and decision-making expert who thrives in high-stakes business environments. Combining disaster management training, hands-on experience in global industries, and leadership skills honed as a seasoned sailor, she helps businesses navigate chaos with precision. Whether tackling transformation, scaling challenges, or leadership bottlenecks, Maartje delivers actionable insights to turn turbulence into traction.
Podcast production and show notes provided by HiveCast.fm
