Toward a Harmonized Approach to Advocacy in International Arbitration - Chapter 15 - The Art of Advocacy in International Arbitration

Author(s):

Raymond Doak Bishop

Page Count:

42 pages

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1 PDF Download

Published:

March, 2004

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I. Introduction

This book has surveyed in the previous chapters the perspective

of advocacy as it applies to certain standing international tribunals

and as it is viewed in diverse regions of the world. Three points

emerge, none of which is surprising or remarkable. First, there are

cultural differences in the approach to advocacy in diverse regions.

Second, the bigger differences are due to variations in the legal

systems – the common law system (e.g., Canada, the United Kingdom

and the United States) as opposed to the civil law system (e.g., France,

Sweden and Switzerland) - with smaller differences being discerned

within each system because of the different approaches to trials by

the judiciary of each legal system (e.g., depositions and the jury system

in the United States as opposed to the lack of depositions and civil

juries, generally, in the United Kingdom). Third, although there is no

written set of rules for advocacy in international arbitration, a

harmonized approach to successful advocacy can be perceived in the

practices and styles of international arbitral tribunals. This chapter

will attempt to pull together the different practices into a harmonized

approach to advocacy that will provide the advocate with the best

opportunity to succeed in his endeavor.

One of the main themes of this book is that good lawyering
matters. Indeed, good lawyering can make a big difference in