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The Art of Advocacy in International Arbitration
About the Book:
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 America, 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.
About the Editor:
R. Doak Bishop is a Partner in King & Spalding’s Houston office and Chair of the Firm’s International Arbitration Practice Group. Mr. Bishop has over 27 years of experience focusing on international arbitration and litigation of oil and gas, energy, and construction disputes. He is Vice-Chair of the Institute of Transnational Arbitration; a Fellow of the Chartered Institute of Arbitrators and Chartered Arbitrator. He has served as sole, chair, party-appointed, and institution-appointed arbitrator in ICC, AAA, UNCITRAL arbitrations and has substantial experience as counsel in ICSID arbitrations. He is the author of numerous articles on international arbitration.
About the Contributors:
- Brian Beck is currently on a leave of absence from the Calgary law firm of Burnet, Duckworth & Palmer LLP, where he practiced until 2003 as a Partner.
- John Beechey has been a Partner in Clifford Chance in London since 1983. Mr. Beechey is a Vice-President and member of both the Court and the Board of the LCIA; a member of the Executive Committee of the Board of the AAA and of the ICDR Advisory Committee, Chair of the AAA International Arbitration Committee and holder of the Board’s Leadership Award.
- James Crawford is Whewell Professor of International Law and Chair of the Faculty Board of Law, University of Cambridge. He is a member of Matrix Chambers, London.
- Alberto Fortun is a Senior Associate with Cuatrecasas in Madrid in the firm’s litigation and arbitration practice.
- Emmanuel Gaillard is a Partner and Head of Shearman & Sterling’s International Arbitration practice. He has written extensively on all aspects of international arbitration law. Mr. Gaillard teaches International Arbitration and Private International Law at the University of Paris XII
- David R. Haigh is a Senior Partner with the Calgary law firm of Burnet Duckworth & Palmer LLP. Mr. Haigh served as the national chairman of the Canadian ICC Committee for six years and is also a director of the American Arbitration Association.
- Kaj Hobér is Partner in Mannheimer Swartling, Stockholm and Professor of East European Law at Uppsala University. Since 1998 he is Commissioner at the United Nations Compensation Commission in Geneva.
- Michael Hwang served as a Partner for more than 30 years with Allen & Gledhill in Singapore. Mr. Hwang has served as Vice Chair of Committee D of the IBA; a Vice President and Member of the International Council for Commercial Arbitration; and a member of the ICC International Court of Arbitration.
- Duane Layton is a Partner with King & Spalding, LLP, in Washington, D.C. His practice concentrates on international dispute settlement, including WTO disputes.
- Carlos Loperena is a Partner in the Mexico City law firm of Loperena, Lerch y Martin del Campo. He serves as Chair of the Commercial Law Section of the Barra Mexicana (Bar Association) and is a former Vice President. He is a member of the Board of Directors of the Mexican Chapter of the ICC.
- James L. Loftis is a Partner with Vinson & Elkins LLP in Houston and is Co-Chair of the firm’s international dispute resolution practice.
- Jorge Miranda is a Senior International Trade Advisor at King & Spalding LLP. He was formerly a Counselor with the WTO Secretariat and is currently serving as NAFTA dispute panelist.
- Philippe Pinsolle is a Partner with in Shearman & Sterling’s international arbitration and litigation group in Paris. He has authored numerous articles on international arbitration law.
- Iñigo Quintana is a Partner with Cuatrecasas in Madrid in the firm’s litigation and arbitration practice group.
- Guido Santiago Tawil is a Partner with M. & M. Bomchil, where he heads the international arbitration and regulatory practice groups. Previously, he served as Commissioner of Argentina´s Securities & Exchange Commission.
- Pierre-Yves Tschanz is a Partner in Tavernier Tschanz, Geneva. He is a member of the Executive Committee of the Swiss Arbitration Association.
Praise For "The Art of Advocacy in International Arbitration"
"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. Mr. Paulsson is a Vice-President of the London Court of International Arbitration and a Judge of the World Bank Administrative Tribunal.
"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
"The book, which contains fifteen essays from highly experienced practitioners from various jurisdictions, will be of particular use to those who wish to extend their knowledge of different forums and different legal traditions when it comes to advocacy, both written and oral. It contains extensive concrete and useful recommendations on how to present a case - including conducts to avoid - in international arbitration."
- ASA Bulletin