1 / 10

Preparing and Presenting a Case in Maritime Arbitration

Preparing and Presenting a Case in Maritime Arbitration. A talk by David Owen QC. London context. Flexibility Common law, adversarial approach Established procedures & new approaches Pool of expertise. Are you ready to arbitrate?. Documents Witnesses Technical issues

yukio
Download Presentation

Preparing and Presenting a Case in Maritime Arbitration

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Preparing and Presenting a Case in Maritime Arbitration A talk by David Owen QC

  2. London context • Flexibility • Common law, adversarial approach • Established procedures & new approaches • Pool of expertise

  3. Are you ready to arbitrate? • Documents • Witnesses • Technical issues • Damages / financial exposure • Weak points • Costs and management resources

  4. Appointment • Simplicity of procedure • Contract requirements • Choosing the arbitrator

  5. Submissions • What type of document? • What exactly are you seeking? • Brevity & clarity

  6. Flexible Procedural Framework • How much case management? • Speedy, tactical applications • Correspondence

  7. Evidence • Documents: discovery & document production • Witness statements • Who to call? • Drafting • Expert evidence • Choice • Joint meeting & memorandum • Giving of evidence

  8. Mediation • Settlement process: mediator facilitates • No binding determination • Confidential & without prejudice • Arbitration: parties must take initiative

  9. Reasons given not to mediate • “Sign of weakness” • “Waste of time : gap too large” • “Parties can negotiate directly” • “Cost of mediation”

  10. Benefits of Mediation • Flexible outcomes • Savings of costs/management time • Eliminate litigation risk • Enforceable settlement agreement

More Related