Originally from World Arbitration And Mediation Review (WAMR)

Preview Page

"DAMAGES IN INTERNATIONAL ARBITRATION:

STRATEGIES, TECHNIQUES & PRESENTATION"

ACT I – REACTIONS TO AWARD ON LIABILITY
AND ENGAGING EXPERTS

SCENE II – UNITED'S EXPERT BEAUTY PARADE

PART 1

JEAN KALICKI: Brent, thank you for coming into today to see José
and me. As I mentioned when I called you, we are looking for
someone to serve as a quantum expert in the case where we represent
United Energies. We just received our award on liability and we were
almost entirely successful.

BRENT KACZMAREK: Congratulations, that is great news.

JEAN KALICKI: Thank you. But there is still a lot of work to be
done and that is why we have asked you to come in today. We read
your proposal. Your qualifications look excellent and we have also
heard great things about you from colleagues at other firms, which is
always a good sign. But why don’t we let you start by giving us an
overview. Really tell us, why should we hire you?

BRENT KACZMAREK: Well, first, it is nice to hear that I have
come recommended by other firms. Reputation is very important in
this business. I have, of course, worked with almost all of the top law
firms at this point, with your firm being one of the exceptions. In fact,
it is one of the reasons why I am so excited about working on this
case. As far as my credentials are concerned, as indicated in the
information I sent to you, I have acted as an expert in 12 different
international arbitrations. I have also testified in U.S. federal courts
more than 20 times. For the last few years, however, my work has
focused on international arbitration almost exclusively and, within
that realm, almost exclusively treaty arbitration. My colleagues and I
are very familiar with the law in this area and I believe that is one
thing that really sets us apart. Investment treaty cases and, in
particular, expropriation cases, require a different kind of analysis
than your standard breach of contract case. Our experience in this area
separates us from the rest of our competitors, I believe.