This panel will highlight the differences in international construction arbitration versus traditional court litigation, and present critical tools necessary to win.
Topic 1: Constituting the Right Panel - Methods for constituting the panel in large construction arbitrations - Cultural considerations when choosing arbitrators (common law vs. civil law) -Determining how much industry expertise is needed - Strict construction of the contract vs. equitable considerations -Importance of credibility of party-appointed arbitrator -Influencing the selection of the chair
Topic 2: Proving your Case with Limited Discovery - Using limited discovery to your advantage - How to find the key documents in a limited universe
Topic 3: Identifying, Preparing, and Presenting your Witnesses - Presenting your case through witness statements - How to pick the right witnesses to prove your case - How to prepare effective witness statements
Topic 4: Crossing Without Depositions - How to cross-examine a witness without depositions - How this method can be advantageous - Crossing experts vs. crossing fact witnesses
Topic 5: Closing on Paper - How to effectively close your case without an oral closing argument Effectively using post-hearing briefs
Upon completion of this session, participants will be able to:
- Understand how to leverage the benefits of arbitration in construction disputes.
- Provide practical tips on presenting witnesses in construction arbitrations, including cross-examination without depositions.
- Provide practical tips for constituting a favorable arbitration panel, including an understanding of the cultural differences between international arbitration and U.S.-style litigation.