Author : Anonim
Publisher : Unknown
Page : 448 pages
File Size : 49,9 Mb
Release : 2019
Category : Cross-examination
ISBN : 1944825282
Take the Witness
Anonim
Cross Examination In International Arbitration
Cross Examination In International Arbitration Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Cross Examination In International Arbitration book. This book definitely worth reading, it is an incredibly well-written.
A Counsel's Guide to Examining and Preparing Witnesses in International Arbitration
Ragnar Harbst
Author : Ragnar Harbst
Publisher : Kluwer Law International B.V.
Page : 258 pages
File Size : 51,6 Mb
Release : 2015-10-20
Category : Law
ISBN : 9789041166210
A Counsel's Guide to Examining and Preparing Witnesses in International Arbitration by Ragnar Harbst Pdf
Mastering the art of witness examination is essential in order to prevail in international arbitration. Lawyers acting as counsel in arbitration know that witness evidence stands out from the plethora of documentary evidence in terms of uniqueness and authenticity. A vivid, first-hand live account of the events in issue exerts a strong influence on the arbitrators, and a handful of memorable testimonies can outweigh an avalanche of documents. This book shows how such mastery in the art of witness examination is accomplished. In the majority of today's international arbitrations, witness examination is modeled around the common law practice of lawyer-led questioning. Arbitration practitioners are therefore more and more expected to take charge of the examination process. Drawing on the principles of the art of advocacy in the common law tradition, this persuasive and highly engaging book sets out, in great detail, the practical techniques applicable to the use of witnesses in arbitration. The author describes such elements of witness evidence as the following: • differences between common law and civil law systems in regard to taking witness evidence; • techniques for interviewing witnesses and preparing witness statements; • question techniques for direct examination and cross-examination; • methods for developing forceful cross-examinations; • the boundaries of witness preparation; • preparing the witness for direct examination and cross-examination; • psychological risks of witness preparation; • guidelines for witnesses during direct examination and cross-examination. All topics are illustrated by way of practical examples, which also serve as a pool of useful model phrases and expressions. Practical appendices include ready-to-adapt sample documents, such as a procedural questionnaire, procedural rules and a witness statement. The book will be particularly useful for arbitration practitioners who have had little exposure to the adversarial approach to evidence and who wish to learn the ropes of lawyer-led witness examination and preparation. However, any practitioner stands to gain from applying the book's practical guidance and the author's wise counsel.
Take the Witness: Cross-examination in International Arbitration
Lawrence W. Newman,Ben H. Sheppard (Jr.)
Author : Lawrence W. Newman,Ben H. Sheppard (Jr.)
Publisher : Juris Publishing, Inc.
Page : 344 pages
File Size : 48,5 Mb
Release : 2010-06-01
Category : Law
ISBN : 9781933833637
Take the Witness: Cross-examination in International Arbitration by Lawrence W. Newman,Ben H. Sheppard (Jr.) Pdf
This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.
Cross Examination in International Arbitration
Kaj I Hobér,Howard S. Sussman
Author : Kaj I Hobér,Howard S. Sussman
Publisher : OUP Oxford
Page : 0 pages
File Size : 53,6 Mb
Release : 2014-03
Category : Law
ISBN : 0199681236
Cross Examination in International Arbitration by Kaj I Hobér,Howard S. Sussman Pdf
A practical, self-teaching guide to effective cross-examination in international arbitration. Offers an introductory or quick-reference guide to essential cross-examination techniques and how they can best be best adapted to the arbitral format.
Cross-examination in International Arbitration
Kaj I. Hobér,Howard S. Sussman
Author : Kaj I. Hobér,Howard S. Sussman
Publisher : Unknown
Page : 177 pages
File Size : 55,5 Mb
Release : 2014
Category : Electronic
ISBN : 0191507091
Cross-examination in International Arbitration by Kaj I. Hobér,Howard S. Sussman Pdf
A practical, self-teaching guide to effective cross-examination in international arbitration. Offers an introductory or quick-reference guide to essential cross-examination techniques and how they can best be best adapted to the arbitral format.
The Art of Advocacy in International Arbitration
R. Doak Bishop,Edward G. Kehoe
Author : R. Doak Bishop,Edward G. Kehoe
Publisher : Juris Publishing, Inc.
Page : 668 pages
File Size : 55,8 Mb
Release : 2010-05-01
Category : Arbitration (International law)
ISBN : 9781933833613
The Art of Advocacy in International Arbitration by R. Doak Bishop,Edward G. Kehoe Pdf
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.
International Arbitration and the COVID-19 Revolution
Maxi Scherer,Niuscha Bassiri,Mohamed S. Abdel Wahab
Author : Maxi Scherer,Niuscha Bassiri,Mohamed S. Abdel Wahab
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 53,8 Mb
Release : 2020-11-17
Category : Law
ISBN : 9789403528434
International Arbitration and the COVID-19 Revolution by Maxi Scherer,Niuscha Bassiri,Mohamed S. Abdel Wahab Pdf
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.
Rules of Evidence in International Arbitration
Nathan D. O'Malley
Author : Nathan D. O'Malley
Publisher : Taylor & Francis
Page : 868 pages
File Size : 49,7 Mb
Release : 2013-06-19
Category : Law
ISBN : 9781317974772
Rules of Evidence in International Arbitration by Nathan D. O'Malley Pdf
Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.
Selected Papers on International Arbitration
Daniel Girsberger,Christoph Müller
Author : Daniel Girsberger,Christoph Müller
Publisher : Stämpfli Verlag
Page : 124 pages
File Size : 52,8 Mb
Release : 2021-05-27
Category : Law
ISBN : 9783727219856
Selected Papers on International Arbitration by Daniel Girsberger,Christoph Müller Pdf
The SAA Series on International Arbitration contains the best graduation papers of all participants who successfully completed the post graduate studies in international arbitration of the SAA Swiss Arbitration Academy. The papers cover different aspects of international arbitration. The Swiss Arbitration Academy is a private institution founded and managed by the editors. Each year, the SAA offers and conducts an intensive and practical course in international arbitration. The training is designed for lawyers, in-house counsel, and other professionals interested in cutting edge international dispute resolution education. All participants, who successfully complete the course, which includes the submission of the final paper, are awarded the SAA Certificate and the title Arbitration Practitioner ArbP.
Leading Arbitrators' Guide to International Arbitration - Third Edition
Lawrence W. Newman,Richard D. Hill
Author : Lawrence W. Newman,Richard D. Hill
Publisher : Juris Publishing, Inc.
Page : 46 pages
File Size : 53,9 Mb
Release : 2014-04-01
Category : Law
ISBN : 9781937518332
Leading Arbitrators' Guide to International Arbitration - Third Edition by Lawrence W. Newman,Richard D. Hill Pdf
The Leading Arbitrators' Guide to International Arbitration Third Edition offers thoughtful advice and insights into the world of international arbitration from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Australia, Belgium, Canada, Chile, Denmark, England, France, Germany, Italy, The Netherlands, Italy, Spain, Sweden, Switzerland and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. As a result, there may be instances in which the authors disagree with one another on certain points. This is to be expected for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in internatinoal arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons -- including, perhaps, the authors.
Experiencing International Arbitration
MICHAEL D.. SOURGENS NOLAN (FREDERIC G.),Frederic G. Sourgens
Author : MICHAEL D.. SOURGENS NOLAN (FREDERIC G.),Frederic G. Sourgens
Publisher : West Academic Publishing
Page : 816 pages
File Size : 54,5 Mb
Release : 2020-07-10
Category : Electronic
ISBN : 1684674743
Experiencing International Arbitration by MICHAEL D.. SOURGENS NOLAN (FREDERIC G.),Frederic G. Sourgens Pdf
The book is the first of its kind in seeking to make students "practice ready" for representing parties in international arbitrations. It covers the full scope of the role of arbitration counsel in advising clients, from drafting arbitration clauses to representing clients in arbitrations to prosecuting and defending court actions at the enforcement stage. Throughout the book, the authors make students come alive to the ethical problems faced by arbitration practitioners on a day-to-day basis, with the objective of preparing them for the choices arbitration lawyers actually have to make. The book provides a distinctive way to teach central transferable skills that are vital for the success of any junior practitioner. It provides opportunities to practice client counseling, clause drafting to achieve client goals, and the composing of advice of how to respond to proposed contract language received during negotiations. It further provides opportunities to engage in drafting of documents that are less frequently included in the law school curriculum but are vital to the practice of law. These documents include requests for the production of documents, requests for the production of electronic documents, motions requesting emergency relief (temporary restraining orders), as well as dispositive motions and affidavits. The book therefore assists law schools in making available alternative ways in which to achieve basic institutional learning outcomes. The book is one of the first to teach students how to engage in a global practice of law through simulations inspired by real life disputes. The global practice of law involves challenges that exceed those encountered in the domestic setting. Questions of legal culture, applicable law, and client expectations differ markedly in global practice. This book is one of the first to provide students with a practical means to deal with such challenges. It is thus particularly well suited for use in classes with an LLM contingent as the simulation scenarios permit LLM students to bring in their home country experiences fully into simulation exercises. By teaching these transferable skills, the book provides an engaging way to introduce students to the skills they will need to perform well on the Multistate Performance Test as part of their bar examination. The Multistate Performance Tests asks students to draft a specific piece of work product based on a closed packet of materials. The chapters are set up in such a way that students will be exposed to that way of encountering new kinds of work product and dealing with such work product on the basis of a closed packet of materials. This experience thus also has significant bar study benefits. In order to achieve these benefits, the book uses a simulations approach. To prepare students for the problems faced by arbitration counsel, the book introduces them to different simulations that present real-world practice problems. Though many of these problems are discrete, certain simulations are referred to multiple times to show students that procedural choices made in the beginning of an arbitration have significant implications for later stages of proceedings. This flexible use of the simulation method introduces students to the need to address some discrete problems for clients while also alerting them to the fact that client advice can have a long half-life. The authors are seasoned arbitration practitioners and academics. The authors have in fact handled numerous arbitrations together and have tried to make available their best practices in this book. Michael Nolan is a partner in the Washington, DC office of Milbank LLP. He has served as counsel in more than a hundred disputes. He serves as an arbitrator in a wide range of cases and is a member of the International Advisory Committee of the American Arbitration Association. Michael Nolan also teaches as an Adjunct Professor of Law at Georgetown Law Center. Frédéric G. Sourgens is a Professor of Law at Washburn University School of Law. He is the author of more than 60 publications, including approximately a dozen books on arbitration or arbitration-related subjects. His work has been cited as authority by numerous arbitral tribunals and counsel. Frédéric Sourgens also remains active in arbitrations in a number of different capacities. Though flexible in how it can be used, the book is specially designed for use in arbitration skills classes. It further can support arbitration clinic students in learning the basics of arbitration and can further support arbitration seminars looking to take a more detailed look at the inner working of one of the most controversial areas of law judging by the constant stream of U.S. Supreme Court cases on the subject matter.
Search for Truth in Arbitration: Is Finding the Truth What Dispute Resolution Is About - ASA Special Series No. 35
Marcus Wirth,Christina Rouvinez,Joachim Knoll
Author : Marcus Wirth,Christina Rouvinez,Joachim Knoll
Publisher : Juris Publishing, Inc.
Page : 188 pages
File Size : 41,5 Mb
Release : 2011-08-01
Category : Law
ISBN : 9781933833897
Search for Truth in Arbitration: Is Finding the Truth What Dispute Resolution Is About - ASA Special Series No. 35 by Marcus Wirth,Christina Rouvinez,Joachim Knoll Pdf
This volume of the ASA Special Series contains the written version of the presentations given at the ASA 2009 Annual Conference on "The Search for "Truth" in Arbitration: Is finding the Truth what Dispute Resolution is about?" This volume explores the role and the relevance of "truth" in dispute resolution and specifically in commercial arbitration; the different notions of truth in different legal cultures; the users' view in that respect; and the consequences of these different perspectives and approaches for the practice of international arbitration. Part one provides the "philosophical" background to the subsequent discussions of some practical issues from the perspective of the users of arbitration services as well as of the providers of these services, arbitrators and counsel. Next, two practical issues that have for a long time been a hot topic in commercial arbitration practice, cross-examination and document production, are expolored from different perspectives. Finally formalism in arbitral proceedings is discussed – is formalism good or evil? It has been concluded that formal requirements should never be handled in a way that would hinder a tribunal or a court from accomplishing the main task with which it was entrusted either by the parties or by the State: applying the substantive law to the issues before them and finding a just and fair solution to the parties' dispute. The presentations published in this volume of the ASA Special Series will contribute to the discussion of the ever intriguing question "Is Finding the "Truth" what Dispute Resolution is about?"
Guide to Advocacy
Stephen Jagusch
Author : Stephen Jagusch
Publisher : Law Business Research Ltd.
Page : 256 pages
File Size : 47,9 Mb
Release : 2017-11-03
Category : Electronic
ISBN : 9781912377800
Guide to Advocacy by Stephen Jagusch Pdf
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.
A Guide to the IBA Rules on the Taking of Evidence in International Arbitration
Roman Khodykin,Carol Mulcahy,Nicholas Fletcher
Author : Roman Khodykin,Carol Mulcahy,Nicholas Fletcher
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 44,5 Mb
Release : 2019
Category : Law
ISBN : 0198818343
A Guide to the IBA Rules on the Taking of Evidence in International Arbitration by Roman Khodykin,Carol Mulcahy,Nicholas Fletcher Pdf
This work provides a comprehensive, article-by-article commentary on the IBA Rules on the Taking of Evidence in International Arbitration, pulling together in one volume an in-depth analysis of the relevant case law, reports of the IBA working groups, academic authorities, and the authors' own practical experience.
International Arbitration Checklists - Second Edition
Grant Hanessian,Lawrence W. Newman
Author : Grant Hanessian,Lawrence W. Newman
Publisher : Juris Publishing, Inc.
Page : 490 pages
File Size : 52,8 Mb
Release : 2009-04-01
Category : Law
ISBN : 9781933833217
International Arbitration Checklists - Second Edition by Grant Hanessian,Lawrence W. Newman Pdf
Baker & McKenzie, has one of the world's largest and most successful international arbitration practices. This book, written by members of the International Dispute Resolution Practice Group of Baker & McKenzie and others, provides a practical, experience-based guide to international arbitration. Each chapter begins with a "checklist" of issues to be considered at each stage of arbitration. Topics include drafting arbitration clauses, commencement of the case, staying court proceedings, compelling arbitration, selection of the tribunal, provisional relief, conduct of hearings and enforcement of awards, among many others. Law and practice in each of the world's major arbitration centers is discussed. Appendices provide ready access to arbitration treaties, statutes and rules. This book will be a standard reference for in-house counsel and outside practitioners.