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.
Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.
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.
Parties are encouraged to file their Requests electronically using ICC Case Connect. Via the Request form, claimant(s) will be invited to supply key information in relation to their Request, and to upload their Request and any relevant annexes.
What are the most persuasive ways to present evidence during arbitration? Know the rules. Prepare your evidence. Be the first to add your personal experience. Present your evidence. Be the first to add your personal experience. Answer questions. Respect the arbitrator. Follow up. Here's what else to consider.
The brief should include identification of the parties, a concise description of the facts, and applicable case law and statutes. The briefs should be submitted to the arbitrator at least 2 days prior to the arbitration hearing.
While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
If the dispute involves sensitive information, arbitration provides a confidential setting where details are not disclosed to the public.
The statement to the Arbitration Committee is the only opportunity you have to make your case for the credit you are seeking. Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project.