Subjects:

Arbitration and Dispute Resolution

Contents:

FOREWORD

ABOUT THE AUTHORS

Part I. Introduction: The Art of Advocacy in International Arbitration

The Art of Advocacy in International Arbitration

R. Doak Bishop

Part II. Advocacy before Standing Tribunals

Chapter 1:

Advocacy Before the International Court of Justice and Other International Tribunals in State-to-State Cases

James Crawford

Chapter 2:

Advocacy of Private Disputes before International Claims Resolution Bodies

James L. Loftis

Chapter 3:

Advocacy Before the World Trade Organization Dispute Settlement Panels in Trade Remedy Cases

Duane Layton and Jorge Miranda

Part III. Cross-Cultural Advocacy by Region

A. Europe

Chapter 4: France

Emmanuel Gaillard and Philippe Pinsolle

Chapter 5: Spain

Inigo Quintana and Alberto Fortun

Chapter 6: Sweden

Kaj Hober

Chapter 7: Switzerland

Pierre-Yves Tschanz

Chapter 8: England

John Beechey

B. North America

Chapter 9: Canada

David R. Haig and Brian Beck

Chapter 10: United States

R. Doak Bishop

C. Latin America

Chapter 11: Argentina

Guido Santiago Tawil

Chapter 12: Mexico

Carlos Loperena

D. Asia

Chapter 13: Singapore

Michael Hwang

Part IV. Arbitrator's Perspective on Advocacy

Chapter 14:

Advocacy from the Arbitrator's Perspective

R. Doak Bishop

Part V. Harmonization of the Differing Cross-Cultural Perspectives on Advocacy

Chapter 15:

Toward a Harmonized Approach to Advocacy in International Arbitration

R. Doak Bishop

In this ground-breaking work, the subject of advocacy is explored in the context of the cross-cultural environment in international arbitration. Despite the prevalence of arbitration as the preferred method of dispute resolution in international contracts, virtually nothing has been written about the crucial topic of advocacy…until now.

This work addresses that void. The book focuses on the differences in substance and style of advocacy in the civil and common law systems and among variant cultures in Europe, Latin American, Asia, and North America. The procedures and practices of advocacy in different arbitral forums are also discussed. The critical importance of credibility, a sound strategy and written advocacy are emphasized. Specific techniques for advocacy are highlighted.

Rules of cross-examination tailored to international arbitration are developed. The arbitrator’s perspective on the tactics of advocacy is also addressed. In conclusion, a model is outlined for harmonizing the differing cultural approaches to advocacy. For the international advocate, this seminal work is a must.