Where Common Law Litigation And Int'l Arbitration Divide

Law360, New York (December 7, 2015, 11:29 AM EST) -- During my 40-year career as a litigator and trial lawyer, I have tried cases in a variety of U.S. forums, including state and federal courts, administrative agencies and domestic (usually AAA) arbitrations. In the last 15 years, I have pivoted to international arbitrations of all flavors: investment treaty arbitrations before the International Centre for Settlement of Investment Disputes ("ICSID") and the Permanent Court of Arbitration as well as commercial arbitrations before the International and Stockholm Chambers of Commerce. The experiences are very different. In this article, I strive to provide insights into some of the differences between U.S.-style, common law litigation/arbitration and international arbitrations, particularly as those differences inform the approach to arguably the most important task in any trial — cross-examination of the opponent's fact and expert witnesses....

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