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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.
- Sales Rank: #1465829 in Books
- Brand: Brand: Juris Net
- Published on: 2010-05-01
- Original language: English
- Dimensions: 9.00" h x 6.25" w x 1.75" l, 2.25 pounds
- Binding: Hardcover
- 667 pages
- Used Book in Good Condition
Review
"This volume of essays contains many keys to the perceptions one might expect of arbitrators from leading legal traditions. From the advocate s perspective, a foreign arbitrator may seem to be arbitrarily dismissive of some procedural niceties and astonishingly mesmerised by others; but assumptions to that effect are at the advocate s peril. There is always a reason for the arbitrators attitude, and that reason will invariably be a function of their cultural baggage. Mr. Bishop has brought together a cosmopolitan group of distinguished practitioners of which he is himself a full-fledged member who in these pages open quite a few fascinating trunks and valises. Above all, these pages are filled not with abstractions, but with a myriad of concrete suggestions which invariably merit consideration." --- Jan Paulsson, Freshfields Bruckhaus Deringer, Head of the firm s International Arbitration Group. He has also been involved in 17 ICSID cases.
"This excellent book, which is written by some of the leading practitioners in their field, deals with the finer points of advocacy in international arbitration and litigation. This book provides the reader with a blueprint for constructing their styles of advocacy and helps to navigate through the different complex rules and procedures that make up this hybrid system of dispute resolution in the international arena. This book is essential for all those involved in international arbitration and litigation. The techniques of preparing for written and oral advocacy from different cultures discussed therein should stand the advocate in good stead with any tribunal." --Christopher To, Secretary General, HKIAC; Asian Dispute Review, January 2007
The contributing authors are experienced arbitration practitioners from different legal and cultural traditions - the result is a rich variety of perspectives on advocacy skills in international arbitration. . . . The main benefit of this guide is that it is practice-oriented. The reader is offered concrete advice on how to develop effective lawyering skills in all aspects of the arbitral process, from the choice of the tribunal to the preparation and presentation of a case before it. . . . More importantly, the reader can gain a better understanding of the diverse legal and cultural traditions that underlie advocacy in international arbitration, which will in turn help the advocate adapt his or her advocacy style to that which best suits his or her audience. --Sarah Wazen, Hanotiau & Van Den Berg, Brussels
About the Author
R. Doak Bishop is a litigation Partner and a member of King & Spalding s Latin American Practice Group. Mr. Bishop has over 27 years experience focusing on international arbitration and litigation of oil and gas, energy, construction, and environmental disputes. He has developed a national reputation for his experience in international arbitration, serving both as an arbitrator and counsel in large business disputes. Mr. Bishop is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. Mr. Bishop presently serves as Vice Chairman of the Institute of Transnational Arbitration (1990-present) and as a member of the U.S. delegation to the NAFTA Advisory Committee on Private Commercial Disputes. He has previously served as Chairman of the Litigation Section of the State Bar of Texas (1998) and Co-Chair of the American Bar Association International Litigation Committee (1998-1999). His experience in litigation and arbitration includes: international litigation and arbitration; oil & gas and energy disputes; construction disputes; environmental disputes; high technology disputes. Mr. Bishop received his B.A. degree with high honors and departmental distinction from Southern Methodist University in 1973, and his J.D. degree with honors from The University of Texas in 1976 where he served as Research Editor of the Texas Law Review. Edward G. Kehoe is the head of King & Spalding s New York Business Litigation Department, and he co-heads the Firm s International Arbitration Practice with Doak Bishop. Mr. Kehoe received his bachelor s degree in accounting at Lehigh University, and he graduated cum laude from St. John s Law School where he was a member of the St. John s Law Review. He has more than 19 years experience in international business arbitration and litigation, with a focus on energy, professional services liability, construction, pharma, and insurance. He is recognized in Chambers USA for international arbitration, where it states that he drew spontaneous applause from esteemed sources for his sophistication and success in handling a number of sizable matters. According to The Legal 500 publication, clients and peers comment that he is held in very high regard for his international arbitration skills. He was selected by his peers as a New York Super Lawyer, and honored in the Corporate Counsel Magazine as one of the Nation s Top Litigators in business litigation. He is a member of the Panel of Neutrals for the AAA International Centre for Dispute Resolution. Mr. Kehoe also is a frequent writer and lecturer on international arbitration issues; he is a member of the Board of Editors of Global Arbitration Review, and the International Bar Association; and he sits on the Advisory Board of the Institute for Transnational Arbitration. List of Contributors: GUILLERMO AGUILAR PIERRE BIENVENU NIGEL BLACKABY JAMES H. CARTER BERNARDO M. CREMADES STEPHEN L. DRYMER DIETER FLADER L. YVES FORTIER MARK FRIEDMAN EMMANUEL GAILLARD TERESA GIOVANNIN MICHAEL HWANG STEPHEN JAGUSCH TOBY LANDAU PETER LEAVER IGNACIO MADALENA CRAIG MILES SOPHIE NAPPERT JAN PAULSSON PHILIPPE PINSOLLE LUCY REED DAVID W. RIVKIN CATHERINE ROGERS ANTHONY SINCLAIR HENRY FORBES SMITH GUIDO SANTIAGO TAWIL MARTIN VALASEK
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