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Vol 21 No 11 Nov/Dec 2016

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The Art of Advocacy in International Arbitration 2nd ed

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Edited by: R. Doak Bishop, Edward G. Kehoe

ISBN13: 9781933833613
Previous Edition ISBN: 192944642X
Published: May 2010
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £140.00



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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.

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Subjects:
Arbitration and Dispute Resolution
Contents:
Preface;
Edward G. Kehoe
About the Authors;
Introduction
Doak Bishop
Part I: Advocacy in International Arbitration
Chapter 1: Cultural Differences in Advocacy in International Arbitration
Jan Paulsson
Chapter 2: Differences in the Approach to Witness Evidence Between the Civil and Common Law Traditions
Anthony C. Sinclair
Chapter 3: The Ethics of Advocacy in International Arbitration
Catherine A. Rogers
Part II. Psychological Persuasion
Chapter 4: Psychological Dynamics in International Arbitration Advocacy
Richard C. Waites and James E. Lawrence
Chapter 5: Psychological Factors in the Arbitral Process
Sophie Nappert and Dieter Flader
Part III: Strategy
Chapter 6: Strategic Considerations in Developing an International Arbitration Case
David W. Rivkin
Chapter 7: Advocacy in Practice: The Use of Parallel Proceedings
Emmanuel Gaillard and Philippe Pinsolle
Part IV: Written Advocacy
Chapter 8: Effective Written Advocacy;
Guillermo Aguilar Alvarez
Chapter 9: Pleadings, Memorials, and Post-Hearing Briefs
Mark Friedman
Chapter 10: Witness Statements and Expert Reports
Pierre Bienvenu and Martin J. Valasek
Chapter 11: Organization and Presentation of Documents to the Tribunal
Stephen Jagusch
Chapter 12: Advocacy Before International Tribunals in State-to-State Cases
James Crawford
Part V: Oral Advocacy
Chapter 13: Pre-hearing Advocacy in International Arbitration
Lucy F. Reed and Alexander A. Yanos
Chapter 14: Opening Statements
Toby Landau and Doak Bishop
Chapter 15: Direct and Re-Direct Examination of the Witnesses
Nigel Blackaby
Chapter 16: Cross-Examination and Re-Cross in International Arbitration
Edward G. Kehoe
Chapter 17: Ten Questions Not to Ask in Cross-Examination in International Arbitration
Michael Hwang
Chapter 18: Attacking the Credibility of Witnesses and Experts
Guido Santiago Tawil
Chapter 19: Closing Arguments
Audley Sheppard
Part VI: Regional Differences in International Arbitration
Chapter 20: The British Perspective and Practice of Advocacy
Peter Leaver and Henry Forbes Smith
Chapter 21: The Continental European Perspective and Practice of Advocacy
Teresa Giovannini
Chapter 22: The United States Perspective and Practice of Advocacy
Doak Bishop and James H. Carter
Chapter 23: The Asian Perspective and Practice of Advocacy
Christopher Lau
Part VII: Advocacy from the Perspective of the Arbitrator
Chapter 24: Advocacy From the Perspective of the Civil Law Arbitrator
Bernardo M. Cremades and Ignacio Madalena
Chapter 25: Advocacy from the Arbitrator’s Perspective
L. Yves Fortier and Stephen L. Drymer
Chapter 26: Advocacy Regarding Damages in International Arbitration
Craig S. Miles;