How Governments Co-ordinate Investor-State Negotiations and Disputes

What makes the difference between a successful investor-state negotiation and an expensive international dispute?

In this episode of Negotiating Government, Negotient founding partner Iain Steel is joined by Katerina Drisi of ProSovereign Global to explore the often-overlooked challenge at the heart of major government investment deals: internal coordination.

Investor-state negotiations involve far more than a government department and a multinational investor. Whether the project concerns mining, energy, natural resources, infrastructure or a public-private partnership, governments must align the interests of finance, legal, labour, environment, investment and sector ministries — while retaining political support at the highest level.

Iain and Katerina discuss how governments can build effective negotiating teams, manage competing priorities across ministries and avoid the inconsistent decisions that can trigger investor claims for unfair or discriminatory treatment. They also examine the practical realities of investor-state arbitration, from gathering evidence and managing legal counsel to establishing clear processes when a claim is received.

The conversation explores why negotiation success depends on more than getting a contract signed. Strong implementation, structured handovers, realistic contractual obligations and clear accountability are all essential to preventing disputes later.

Drawing on experience advising governments across international investment projects, Iain and Katerina share practical lessons on:

• Building cross-government teams for investor-state negotiations
• Managing negotiation strategy, political escalation and back channels
• Preventing disputes through consistent administrative processes
• Improving handover from deal negotiation to implementation
• Designing contracts that can be delivered within real institutional capacity
• Strengthening government readiness for international arbitration

For government leaders, public-sector negotiators, investors, legal advisers and anyone involved in international investment, this episode offers a practical guide to negotiating better outcomes — and reducing the risk of disputes before they begin.

About the Podcast

Negotient is the expert adviser in managing negotiations between the public and private sectors; we advise clients in both sectors how to get the best results from their negotiations. This podcast explores the strategies and behind-the-scenes mechanics that shape successful negotiations, and the factors that drive the interests of both sides. Our aim is to help those involved in public sector negotiations understand the challenges they face — and how to overcome them to deliver better results for the public.

The English Devolution Act 2026 has just passed — but how do combined authorities actually negotiate the deals, powers and investment that make devolution work in practice? Phil Witcherley, Director of Economic Growth and Innovation at the North East Combined Authority, joins James Dowling to reveal the strategy behind building regional coalitions, securing integrated settlements and attracting private investment. An essential listen for businesses, investors and public sector leaders navigating England's new devolution landscape.

Devolution is a Negotiation: Delivering Successful Regional Government in the North East

With the English Devolution and Community Empowerment Act 2026 just receiving Royal Assent, England is entering a new era of regional government. But how do combined authorities actually negotiate the powers, funding and investment they need to deliver for their regions?

In this episode, James Dowling is joined by Phil Witcherley, Director of Economic Growth and Innovation at the North East Combined Authority and a former HM Treasury official, for a frank conversation about what devolution looks like from the inside.

What you'll learn:

• Why devolution should be treated as a negotiation — not a grant application — and how that mindset changes outcomes
• How the North East Combined Authority built a regional coalition of businesses, local authorities and private sector partners to strengthen its position with central government
• What an integrated settlement actually means in practice, and why it represents a fundamentally different relationship with central Government compared to traditional grant funding
• How Phil's background as a Treasury official gives the North East a strategic advantage in understanding what central government actually needs to hear
• The growing role of combined authorities in attracting foreign direct investment — and why businesses increasingly want to deal with regional government, not just Whitehall
• How private sector partners can use the devolution agenda as a lever for joint investment in regional infrastructure

About Phil Witcherley

Phil Witcherley is Director of Economic Growth and Innovation at the North East Combined Authority. He has direct experience of both sides of the devolution negotiation — as a central government official and as a regional partner. He spent the first decade of his career in Whitehall, including at HM Treasury, before moving into local and regional Government; immediately before joining the Northeast Combined Authority, he was a Deputy Director at the Treasury's Darlington office, before moving into combined authority work. He has direct experience of both sides of the devolution negotiation — as a central government official and as a regional partner.

About the Podcast

Negotient is the expert adviser in managing negotiations between the public and private sectors; we advise clients in both sectors how to get the best results from their negotiations. This podcast explores the strategies and behind-the-scenes mechanics that shape successful negotiations, and the factors that drive the interests of both sides. Our aim is to help those involved in public sector negotiations understand the challenges they face — and how to overcome them to deliver better results for the public.

Former Chief Secretary to the Treasury David Gauke and HM Treasury official John Hall reveal the single most important insight for anyone negotiating with government: you are never just negotiating with a department — you are always negotiating with the Treasury. They explain the three tests every proposal must pass, why the person across the table from you is rarely the real decision-maker, and how to build a case that the Treasury will actually approve. Essential listening for CEOs, public affairs professionals and anyone bidding for government work.

What You’ll Learn:

• Why you are always negotiating with HM Treasury
• How government spending decisions really get made
• The three tests every proposal must pass: affordability, need, and value for money
• Why negotiations with government feel slow, unpredictable, and unclear
• How different Whitehall departments operate — and why culture matters
• The “hidden stakeholder” problem in government decision-making
• Practical strategies to influence the Treasury indirectly
• Why economic pressure is making government negotiations more difficult

Key Insight:

The person you’re negotiating with isn’t the decision-maker — they’re your route into the decision-making system. Your job is to help them build a case the Treasury will approve.

Who This Episode Is For:

• CEOs and senior leaders working with government
• Policy, public affairs, and regulatory professionals
• Private sector organisations bidding for government work
• Trade bodies and industry groups
• Anyone looking to understand how UK government decisions are really made

About the Podcast

Negotient is the expert adviser in managing negotiations between the public and private sectors; we advise clients in both sectors how to get the best results from their negotiations. This podcast explores the strategies and behind-the-scenes mechanics that shape successful negotiations, and the factors that drive the interests of both sides. Our aim is to help those involved in public sector negotiations understand the challenges they face — and how to overcome them to deliver better results for the public.

Miranda Worthington and Josh Flax use the 2023 SAG-AFTRA strike as a case study in why rational negotiators sometimes choose mutually destructive outcomes — examining the sunk cost fallacy, stop-loss bias and optimism bias that caused a 118-day dispute that cost the industry billions. They explain why maximum leverage exists before a work stoppage begins rather than after, and how the union's celebrity-led public campaign created pressure that management ultimately could not ignore. A practical guide to the psychology of industrial escalation, applicable far beyond Hollywood.

They explore:

• The role of AI and digital likeness rights in actors’ contracts
• How streaming residuals changed the economics of film and television
• Why high-profile strikes escalate despite clear financial losses
• How cognitive biases such as the sunk cost fallacy and stop-loss bias distort decision-making
• The power of “moves away from the table” and shaping public opinion
• How celebrity visibility created leverage in a public negotiation

Using Hollywood as a case study, this episode explains the strategic dynamics behind major industrial disputes — and what negotiators in any sector can learn about leverage, escalation and reputational pressure.

If you want to understand why strikes happen, why they last, and how negotiation psychology shapes outcomes, this episode offers a practical and analytical perspective.

About the Podcast

Negotient is the expert adviser in managing negotiations between the public and private sectors; we advise clients in both sectors how to get the best results from their negotiations. This podcast explores the strategies and behind-the-scenes mechanics that shape successful negotiations, and the factors that drive the interests of both sides. Our aim is to help those involved in public sector negotiations understand the challenges they face — and how to overcome them to deliver better results for the public.

David Gauke and John Hall dissect the November 2025 Budget from an insider's perspective — concluding it was a fiscal repair Budget rather than a growth Budget, and explaining what that distinction means for businesses engaging with government. They examine the Fingleton Review's implications for regulatory reform across infrastructure sectors, the hidden £20 billion of spending pressures on SEND, pharmaceuticals and asylum, and why sectors should never trust the word temporary when it comes to windfall taxes. Practical analysis for anyone operating in a regulated sector or negotiating with HM Treasury.

They examine:

• Why the Budget prioritised fiscal repair over economic growth
• What the Fingleton Review reveals about regulatory reform and infrastructure delivery
• Whether the government’s fiscal headroom strategy is sustainable
• The pressure points facing sectors such as NHS pharmaceuticals and energy
• Whether “temporary” taxes like the Energy Profits Levy ever truly remain temporary
• The strategic importance of the new Local Growth Fund and mayoral investment powers

Despite significant tax measures, the Budget left many business leaders questioning the UK’s growth strategy. This episode explores how fiscal policy, regulatory reform and political constraints shape the environment for companies engaging with government.

If you operate in a regulated sector or face sector-specific tax risk, this episode explains how to interpret Budget signals — and how to respond strategically.

About the Podcast

Negotient is the expert adviser in managing negotiations between the public and private sectors; we advise clients in both sectors how to get the best results from their negotiations. This podcast explores the strategies and behind-the-scenes mechanics that shape successful negotiations, and the factors that drive the interests of both sides. Our aim is to help those involved in public sector negotiations understand the challenges they face — and how to overcome them to deliver better results for the public.

Former Chief Secretary to the Treasury David Gauke and HM Treasury official John Hall take listeners inside the Budget — explaining how Treasury and the OBR work through six rounds of iteration, why measures can be dropped three days before Budget day, and how the post-Budget consultation process is the window most industries miss. They also set out how to engage government effectively if your sector is in the line of fire: when to push back, how to frame your argument, and why trying to block a measure is almost always less effective than trying to shape it.

They explore:

• How HM Treasury works with the Office for Budget Responsibility (OBR)
• The strategic choices facing the Chancellor ahead of a Budget
• How fiscal rules and “headroom” influence tax and spending decisions
• Why some measures appear late in the process
• When and how businesses can influence Treasury thinking

Drawing on first-hand experience inside government, this episode reveals the months-long negotiation process that sits behind every UK Budget — and what it means for sectors likely to be affected by tax or spending changes.

If you want to understand how to negotiate with the Treasury, anticipate fiscal shifts, or engage government effectively during a Budget cycle, this episode provides an insider’s guide to how decisions are really made.

About the Podcast

Negotient is the expert adviser in managing negotiations between the public and private sectors; we advise clients in both sectors how to get the best results from their negotiations. This podcast explores the strategies and behind-the-scenes mechanics that shape successful negotiations, and the factors that drive the interests of both sides. Our aim is to help those involved in public sector negotiations understand the challenges they face — and how to overcome them to deliver better results for the public.

Miranda Worthington, former NHS industrial relations director, and Josh Flax, former US federal mediator, compare how strikes work on either side of the Atlantic — covering the legal definitions, the difference between indefinite and rolling strikes, lockouts, workforce replacement and the reputational consequences for employers. Drawing on experience from the NHS strikes and the London tube dispute, they explain why public sector strikes are far more disruptive in the UK than their US equivalents. The first in a series on industrial action and collective bargaining.

They explore:

• What legally defines a strike
• The difference between rolling strikes and indefinite strikes
• Strike vs lockout: how employers respond in the US
• Why public sector strikes are more common in the UK
• How collective bargaining agreements shape industrial action
• The wider economic and reputational impact of strikes

Drawing on experience from NHS strikes and US federal mediation, this episode compares UK and US labour systems and explains why work stoppages unfold so differently on each side of the Atlantic.

If you want a clear explanation of how industrial action works — and what it means for employers, unions and government — this episode provides practical insight grounded in real-world negotiation experience.

About the Podcast

Negotient is the expert adviser in managing negotiations between the public and private sectors; we advise clients in both sectors how to get the best results from their negotiations. This podcast explores the strategies and behind-the-scenes mechanics that shape successful negotiations, and the factors that drive the interests of both sides. Our aim is to help those involved in public sector negotiations understand the challenges they face — and how to overcome them to deliver better results for the public.

Former Cabinet Minister David Gauke and former Whitehall Director Miranda Worthington explain why negotiating with government is fundamentally different from any other negotiation — and what private sector organisations consistently get wrong. They examine how scale, silos, ministerial turnover and public scrutiny shape every government decision, and what the most effective counterparts do differently. An essential guide for anyone entering a negotiation with a public sector body.

Drawing on senior experience inside Whitehall, they explore:

• Why government is a uniquely complex counterparty
• How internal silos and competing departmental priorities affect negotiations
• The impact of public scrutiny, media pressure and political accountability
• Why precedent and fiscal constraints shape government decision-making
• The cultural differences between ministers and civil servants
• How to anticipate political shifts that can suddenly accelerate or stall a deal

Government negotiations are rarely just commercial discussions. They are shaped by political risk, public accountability and institutional process in ways that private-sector negotiators often underestimate.

If you want to understand how to negotiate with government more effectively — and why deals move slowly, change direction or become high-profile — this episode provides an insider perspective on how Whitehall really works.

About the Podcast

Negotient is the expert adviser in managing negotiations between the public and private sectors; we advise clients in both sectors how to get the best results from their negotiations. This podcast explores the strategies and behind-the-scenes mechanics that shape successful negotiations, and the factors that drive the interests of both sides. Our aim is to help those involved in public sector negotiations understand the challenges they face — and how to overcome them to deliver better results for the public.