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ICC Arbitration & Amicable Dispute Resolution – Focus on India: July 16, 2011 Practical Tips for Conducting International Arbitration. Christopher Lau S.C. Techniques in managing the process of Arbitration Professor Doug Jones AM, APRAG Conference 2011, Kuala Lumpur.
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ICC Arbitration & Amicable Dispute Resolution – Focus on India: July 16, 2011 Practical Tips for Conducting International Arbitration Christopher Lau S.C.
Techniques in managing the process of Arbitration Professor Doug Jones AM, APRAG Conference 2011, Kuala Lumpur • Promoting efficiency of the arbitral process: • Techniques for controlling time and costs in Arbitration • Expedited rules • One arbitrator or three Objective? Limits on documents disclosure • Party appointed experts: • The IBA rules • The CIArb protocol for party appointed experts • Hot-Tubbing, Witness conferencing and the exchange of early drafts • Best practice directions To persuade the tribunal! Witness statements Limited time procedures image creator: Sura Nualpradid
Socrates: "[...] is not [to] teach juries and other bodies about right or wrong – [the orator] merely persuades them"
CONSIDERATIONS Party Autonomy Communication with the Tribunal Mind the gap! [image creator: chrisroll]
Party Autonomy Creator of the image Simon Howden
Party autonomy Seat of Arbitration Applicable Law Venue of Hearing Composition of Arbitral Tribunal FLEXIBILITY & BETTER CONTROL Procedure Creator of the image: graur razvan ionut
Party autonomy ARBITRATION LITIGATION Creator of the image: graur razvan ionut
You Arbitral Tribunal Communication with the arbitral tribunal Creator of the images: sixninepixels, Sarah C.
COMMUNICATION Clarity Brevity Probity & Integrity in the communication Methodical & Effective organization of the documents Proper marshalling of the evidence Responsiveness & Reasonableness Creator of the image: Rawich
COMMUNICATION ADDITIONAL DIFFICULTY DIFFICULT Creator of images: Ambro, Stuart Miles, Arvind Balaraman
MIND THE GAP Talks Behaviour Gestures BE CAREFUL Creator of images: Indiaful.com, Ambro
MIND THE GAP Legal System B Legal System A DIFFERENCES ? DISCOVERY Creator of images: jscreationzs, scottchan, ambro
BRIDGING THE GAP Legal & Cultural sensitivities Firmness Patience 1 3 2 Creator of the image:xedos4
BRIDGING THE GAP EFFECTIVE COMMUNICATION "RAPPORT" The Bandra–Worli Sea Link (BWSL) officially the Rajiv Gandhi Sea Link links Bandra and the western suburbs of Mumbai with Worli and central Mumbai. Creator of the image: amit kulkarni
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