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Archive for the ‘ Arbitration ’ Category


Arbitration Tips for Counsel

Posted on July 2, 2014 by Steve Shapiro

One of the most thoughtful and helpful projects undertaken for the arbitration community is the “Protocols for Expeditious, Cost Effective Commercial Arbitration,”  produced by the  College of Commercial Arbitrators with many of our world’s top arbitrators participating in the drafting and editing. One key section that I want to highlight is focused on counsel’s preparation.  It is true...

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All The Above – Does It Matter?

Posted on June 25, 2014 by Steve Shapiro

In mediation parlance the “All the Above” question has been debated like the chicken and the egg – except most mediators would say that humanity has been mediating even before the chicken.  The question pertains to the manner and fashion that some mediators adhere to a particular style of practice – almost in a fundamentalist way.  Why should consumers of mediation care? In an ABA Commercial...

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Coral, Port Arthur and Dispute Resolution

Posted on June 18, 2014 by Steve Shapiro

Over the past 2 weeks I have had the privilege of viewing the most beautiful colors and shapes of coral that make up the Great Barrier Reef — nearly the size of the US Pacific Coast. I also had the opportunity to travel with my family to Port Arthur, one of the first penal colonies in Australia where the British established their rule in the late 1800′s.  Both diverse regions showed...

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Distinguishing Discovery

Posted on April 23, 2014 by Steve Shapiro

  In the arbitration context, discovery requests vary greatly, none wider than the U.S. and European practice areas. At its heart, European practitioners have sculpted a discovery and arbitral process that is generally quicker and less expensive than US models. The European practice around discovery is focused on document requests and in turn careful analysis that drives the order of witnesses,...

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Why Spend So Much Effort in Preparing for the Preliminary Hearing

Posted on April 16, 2014 by Steve Shapiro

The Preliminary Hearing shapes the integrity and success of the entire dispute process. How parties prepare for an arbitral hearing, and how opposing counsel work together to clear through as many issues in advance of the hearing as possible, will shape the course of a successful prelim and provide the foundation for a solid and fair outcome. First and foremost, which you have probably accomplished...

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