Written Advocacy, Subconscious Influences, and Differing Cultural Expectations - World Arbitration and Mediation Review, Vol. 9 No. 4
Margaret L. Moses is Professor of Law and Director of International Programs at Loyola University Chicago. The second edition of her treatise on international commercial arbitration was published in May 2012 by Cambridge University Press. Her teaching and writings are informed by her participation as an arbitrator or advocate in arbitrations under the auspices of the ICC, Court of Arbitration and the ICDR, as well as in ad hoc arbitrations. In addition to arbitration, her areas of interest and research include international business transactions, international letters of credit, and international trade finance. Professor Moses heads Loyola Chicago’s Vis Moot Arbitration program, which sends students to compete in both Vienna and Hong Kong. She holds a JD degree from Columbia University School of Law and a PhD degree from Indiana University.
José María Alonso has been the Managing Partner of Baker & McKenzie in Madrid since July 2013. He is also the head of the Litigation and Arbitration Department in Madrid and a member of the Global Arbitration Practice Group steering committee and the European Disputes Practice Group and the Spain/LatAm Steering Committee. He has been ranked in Band 1 by Chambers Europe and Chambers Global from 2007 to 2015. Mr. Alonso joined Baker & McKenzie in 2012. Prior to this, he was head of the litigation and arbitration department of J&A Garrigues from 1982 to 2000, managing partner of that firm from June 2000 to September 2009, and coordinator of the international arbitration area and in charge of international relations from September 2009 to December 2012.
Jennifer Kirby is an internationally recognized arbitration expert, who acts as counsel and sits as arbitrator in a wide variety of arbitration matters. Ms. Kirby began her career with a multinational firm as a New York litigator, representing clients in both international arbitrations and complex commercial litigations, with a particular focus on securities, insurance, mergers and acquisitions, and white-collar criminal cases. From there, Ms. Kirby went to the ICC International Court of Arbitration, where she served as both Counsel and Deputy Secretary General before leaving to join a multinational law firm as a partner in their arbitration group. In August 2010, Ms. Kirby founded her own boutique arbitration practice, Kirby, in Paris. Ms. Kirby has been recognized by Chambers Global as “a true expert in ICC-related disputes” and by The Who’s Who of International Arbitration as a “very sharp” global player in the field.
Maria Vicien-Milburn is the former General Counsel of the UNESCO in Paris (2009 - 2014), and the former Director of the General Legal Division of the UN Office of Legal Affairs in New York (2004-2009). In these capacities, she provided legal advice to the Director-General of UNESCO and the Legal Counsel of the UN, respectively, on all issues relating to the operation of the two organizations worldwide. In particular, she directed the conduct of all litigation brought against the UN or UNESCO be it commercial, employment, or criminal and selected outside counsel for these matters. She advised on the interpretation and implementation of international treaties and conventions as well as on privileges and immunities of States and international organizations. Mrs. Milburn specializes in international dispute resolution. Mrs. Milburn is a graduate of the University of Buenos Aires Law School (Argentina) and received a Master in Laws from Columbia University. She is admitted to practice law in the State of New York and in Buenos Aires, Argentina. She is a member of the Association of the Bar of the City of New York where she served on the Committees on International Dispute Resolution and Comparative and International Law. She is a member of the ICC Institute and the ICC Commission on Arbitration in Paris.
Originally From World Arbitration and Mediation Review (WAMR)
Written Advocacy, Subconscious Influences, and Differing Cultural Expectations
Professor Margaret Moses
Introduction & Moderator
Panelists: José María Alonso
Written advocacy may, in some circumstances, have even more persuasive power than oral advocacy. This panel will consider how counsel can shape their written advocacy by using various heuristics to bend the arc of decision-making in favor of their client. Panel members will also discuss how different cultural expectations may impact the effectiveness of written advocacy.
Margaret Moses: In this panel on written advocacy, subconscious influences and cultural expectations, I am very pleased to have a truly international panel. José María Alonso is from Madrid, and is the managing partner of Baker & McKenzie. Jennifer Kirby is an American working in Paris as counsel and arbitrator and has her own boutique arbitration practice. Last, but not least, Maria Vicien-Milburn is originally from Argentina and was the director of the general legal division of the UN for many years. Most recently, in 2014 she was the general counsel of UNESCO in Paris.
We are going to discuss the impact of subconscious influences on written advocacy with a focus on heuristics that we learned about this morning. The term “heuristics” refers to a mental shortcut or rule of thumb that the brain uses automatically and subconsciously to make decisions. We will talk about how counsel, consciously may use heuristics to try to trigger the subconscious influences of a decision-maker to decide in their favor.