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Author: A. J. van den Berg Publisher: Kluwer Law International B.V. ISBN: 9041133666 Category : Law Languages : en Pages : 490
Book Description
Advocacy in international arbitration is the focus of this collection of articles emanating from the twentieth Congress of the International Council for Commercial Arbitration (ICCA) held in Rio de Janeiro in 2010. The topics addressed by renowned arbitration practitioners and scholars include: effective advocacy in arbitration; the advocate's role at different stages of arbitration proceedings; the role of experts; arbitration advocacy and Constitutional law; and advocacy and ethics in international arbitration. The volume also contains a new approach to expert evidence - the Protocol on Expert Teaming - and closes with a proposal for an International Code of Ethics for Lawyers Practicing Before International Arbitral Tribunals.
Author: A. J. van den Berg Publisher: Kluwer Law International B.V. ISBN: 9041133666 Category : Law Languages : en Pages : 490
Book Description
Advocacy in international arbitration is the focus of this collection of articles emanating from the twentieth Congress of the International Council for Commercial Arbitration (ICCA) held in Rio de Janeiro in 2010. The topics addressed by renowned arbitration practitioners and scholars include: effective advocacy in arbitration; the advocate's role at different stages of arbitration proceedings; the role of experts; arbitration advocacy and Constitutional law; and advocacy and ethics in international arbitration. The volume also contains a new approach to expert evidence - the Protocol on Expert Teaming - and closes with a proposal for an International Code of Ethics for Lawyers Practicing Before International Arbitral Tribunals.
Author: John W. Cooley Publisher: Ntl Inst for Trial Advocacy ISBN: 9781556817991 Category : Law Languages : en Pages : 608
Book Description
This insightful guide to the arbitration process will help you achieve the best results for clients in all types of arbitration settings - from commercial to labor. John W. Cooley, an experienced judge, trial attorney, arbitrator, and mediator, and Steven Lubet, author of NITA's best-selling Modern Trial Advocacy have written this book to describe an up-to-date description of the arbitration process for advocates. You will get specific advice on: The arbitration process, Prehearing considerations, Advocacy at the arbitration hearing, Effective openings and closings, Tactical considerations in shaping the process. Arbitration Advocacy, Second Edition, contains a chapter on attorney ethics and a chapter on cyberarbitration which explores the variety of online dispute resolution services available, the benefits and limitations with the use of cyberarbitration, and considerations in selecting a cyberarbitration service and cyberarbitrator. Detailed checklists help you choose the appropriate arbitration forum and panel, and give guidance on drafting pleadings. The appendices include sample arbitration agreements and forms, commercial arbitration and ethics rules, a list of firms offering arbitration services, a list of ODR service provider Web sites, and procedures for online arbitration.
Author: Ugo Draetta Publisher: Juris Publishing, Inc. ISBN: 1937518469 Category : Law Languages : en Pages : 140
Book Description
COUNSEL AS CLIENT’S FIRST ENEMY IN ARBITRATION? is not a legal book, nor a book dealing with “ethics” of the arbitration. This book is about cases where counsel occasionally abuse or misuse their right to defend their clients in international arbitrations, with potential adverse effects on the latters. This is a subject on which with some notable exception, not much has been said. By contrast, literature abounds about the duty of the arbitrators and the consequences for them if they do not observe such duties. In sum, this book is aimed at discussing, in the most pragmatic way, certain behaviors by counsel occasionally encountered in the international arbitration practice that the author considers pathological, not physiological. The discussion is supported by real life anecdotes, appropriately redacted and sanitized. Given the author's years of experience and wealth of knowledge, this publication is a valuable resource to anyone that is serious about arbitration.
Author: Maxi Scherer Publisher: Kluwer Law International B.V. ISBN: 9403528435 Category : Law Languages : en Pages : 314
Book Description
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
Author: Stephen Jagusch Publisher: Law Business Research Ltd. ISBN: 1912377802 Category : Languages : en Pages : 256
Book Description
Global Arbitration Review's Guide to Advocacy is a practical book for specialists and would-be specialists on how to be persuasive during international arbitration, featuring unique insight from well-known arbitrators on advocacy. The fully revised Second Edition is a useful tool for junior lawyers who wish to develop their advocacy skills, as well as a manual for civil trained lawyers who would like to feel more at ease with cross-examination as it breaks the arbitral process into key steps and explains the advocacy "e;opportunity"e; that each represents (focusing on the principles at work rather than specifics).Woven throughout are gems from big name arbitrators - tips, complaints, musings and reminiscences - providing a new, 360-degree view of written and oral submissions.The Second Edition contains several new chapters and a fresh tranche of arbitrator contributions.While the first edition covers the basics through chapters on, inter alia, written submissions, cross-examination, opening submissions and closing arguments, this second edition delves deeper by exploring 'Cultural Considerations in Advocacy'. These are aimed at advocates raised within a particular national or regional style who wish to know what adjustments to make when in the international mileu; and vice versa. These chapters contain observations of help when some of the players in the arbitration - be they arbitrators, opponents or others - hale from Asia, Latin America, United States or the UK.
Author: R. Doak Bishop Publisher: Juris Publishing, Inc. ISBN: 1933833610 Category : Arbitration (International law) Languages : en Pages : 668
Book Description
Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.
Author: Marvin Hill Publisher: BNA Books (Bureau of National Affairs) ISBN: 9781570180613 Category : Arbitration and award Languages : en Pages : 0
Book Description
Have every advantage in arbitration with this thorough guide to each vital prehearing, hearing, and posthearing issue. The authors answer questions on: -- factors in choosing an arbitrator -- the basis for a stay of arbitration -- volatile aspects of using witnesses and evidence -- strategies for opening statements and briefs, and much moreYou get full discussion of the important substantive areas most advocates encounter in arbitration -- including drug/alcohol cases, employment discrimination disputes, and off-duty misconduct grievances -- plus helpful checklists, a glossary, and other practice guidance.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.