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International Commercial Arbitration Advocacy: A Practitioner's Guide for American Lawyers

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ISBN: 9781601560810
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Authored by H. Roderic Heard, Susan L. Walker and the late Honorable John W. Cooley, International Commercial Arbitration Advocacy is the first book of its kind to offer practical advice for American trial lawyers on advocacy in international arbitration. Unlike arbitration treatises, which typically are written from the perspective of the arbitrator, International Commercial Arbitration Advocacy explains how experienced trial lawyers can tailor their advocacy skills to be more persuasive and ultimately successful in the international arbitration arena.

Reviews

"International Commercial Arbitration Advocacy is impressive in its candor and practical value (and format). It certainly lives up to its goal of internationalizing the American practitioner through encouraging guidance, rather than being preachy or dictatorial. Hats off to the authors."
         — Michael Mcllwrath, Associate GC, Litigation, GE Oil & Gas, Florence, Italy

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Table of Contents

CONTENTS

Foreword
Introduction

Section One
Chapter 1. Introduction to Arbitration
Chapter 2. Overview of the Legal Framework

ISection Two
Chapter 3. Drafting the Arbitration Agreement
Chapter 4. Initiating the Proceedings
Chapter 5. Jurisdiction of the Tribunal
Chapter 6. Provisional or Interim Remedies
Chapter 7. Preliminary Conference
Chapter 8. Discovery and Information Exchange
Chapter 9. Prehearing Procedures and Motions
Chapter 10. Dispositive Motions

Section Three—The Hearing
Chapter 11. Presenting Evidence and Argument

Section Four—Awards and Enforcement
Chapter 12. Awards
Chapter 13. Reconsideration of Awards
Chapter 14. Recognition and Enforcement of Awards
Chapter 15. Setting Aside an Award or Challenging Enforcement of an Award

Conclusion
Appendices — On CD

Appendix A United Nations Conference on International Commercial Arbitration
             Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New
            York Convention)

Appendix B IBA Rules on the Taking of Evidence in International Commercial Arbitration

Appendix C IBA Rules of Ethics for International Arbitration

Appendix D IBA Guidelines on Conflicts of Interest in International Arbitration

Appendix E CPR Protocol on Disclosure of Documents and Presentation of Witnesses in
             Commercial Arbitration

Appendix F Chartered Institute of Arbitrators Practice and Standards
             Committee Arbitration Sub-Committee Practice Guidelines 16: The Interviewing
             of Prospective Arbitrators

Appendix G AAA-ABA Code of Ethics for Arbitrators in Commercial Disputes

Appendix H UNCITRAL Annex II

Appendix I United Nations Commission on International Trade Law—UNCITRAL
             Arbitration Rules

Appendix J International Chamber of Commerce Rules of Arbitration

Appendix K CPR: A Comparison of Selected International Arbitration Rules

Appendix L Frequently Used Web Sites