The Art of Advocacy in International Arbitration - Second Edition

The Art of Advocacy in International Arbitration - Second Edition

Written by todays 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. "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 practition ers - 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, Former Secretary General, HKIAC; Asian Dispute Review "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 R. Doak Bishop is a Partner and Head of King & Spalding’s International Arbitration Practice group and is based in the firm’s Houston office. Mr. Bishop has over 37 years’ experience focusing on international arbitration and litigation of oil and gas, energy, construction, and environmental disputes. He has developed a world-wide reputation for his experience in international arbitration, serving both as an arbitrator and counsel in large business disputes. Mr. Bishop presently serves as Chairman of the Institute of Transnational Arbitration (2012-2015) and on the Board of Directors of the American Arbitration Association. He also serves as a member of the U.S. delegation to the NAFTA Advisory Committee on Private Commercial Disputes. 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 s