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Switzerland - Chapter 7 - The Art of Advocacy in International Arbitration

Author(s): 
Pierre-Yves Tschanz
Page Count: 
38 pages
Media Description: 
1 PDF Download
Published: 
March, 2004
Jurisdictions: 
Switzerland
Practice Areas: 
Commercial Disputes,
Advocacy

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Description: 

Originally from The Art of Advocacy in International Arbitration

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I. Introduction

Advocacy usually refers to the preparation and presentation of a
party’s case, in order to convince the arbitrators of the merits of the
case. This chapter deals primarily with advocacy in this sense.
 
A. Process Advocacy.
 
In international arbitration, however, further skills are necessary
to obtain a favorable award. These are the skills relating to the
arbitration process itself (hereafter “process advocacy”). They include
setting up the arbitral tribunal as well as ensuring that the process
does not break down and is efficient, thorough, fair and costeffective.
We will, therefore, begin with process advocacy.
 
B. Swiss Perspective.
 
Our focus is on the practice of Swiss lawyers, practitioners and
academics, acting as arbitrators, primarily in arbitrations having their
seat in Switzerland. The impact of an arbitrator’s national
background is, however, waning. Most international arbitrators
coming from Switzerland may have more experience of international
arbitration than Swiss domestic litigation.