Arbitration Case Of The Philippines Against China In Massachusetts
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Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.
The governing law of the contract shall be the substantive law of ______________.” "A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.
After the opening statement, the claimants present evidence, that is, the details of their case. For example, they present witnesses and introduce any relevant documents. If the arbitrators did not swear a witness in at the beginning of a hearing, they will administer the oath before that person testifies.
An orderly presentation of one's own witnesses, with an outline of the case at hand to make certain that every point is made in the right order, and perhaps a summary of the case presented to the arbitrator in typewritten form to make doubly certain that nothing is forgotten when the time comes to write the decision, ...
Arbitration is best for cases where the parties want another person to decide the outcome of their dispute but would like to avoid the formality, time, and expense of a trial.
In retrospect, the effort was well worth it, at least from a legal standpoint. On 12 July 2016, three years since filing the case on 22 January 2013, the Philippines secured a favorable ruling which clarified important aspects of the South China Sea disputes.
The result was mass arbitration, where firms brought a large, coordinated group of individual cases against a company instead of one class action matter. Mass arbitration is distinct from other forms of group arbitration because each case is decided individually on the merits and are issued individual awards.
