NITA Publications

International Commercial Arbitration Advocacy: A Practitioner's Guide for American Lawyers

Authored by H. Roderic Heard, Susan L. Walker and the late Honorable John W. Cooley, International Commercial Arbitration Advocacy is the first book of its kind to offer practical advice for American trial lawyers on advocacy in international arbitration. Unlike arbitration treatises, which typically are written from the perspective of the arbitrator, International Commercial Arbitration Advocacy explains how experienced trial lawyers can tailor their advocacy skills to be more persuasive and ultimately successful in the international arbitration arena.

Reviews

"International Commercial Arbitration Advocacy is impressive in its candor and practical value (and format). It certainly lives up to its goal of internationalizing the American practitioner through encouraging guidance, rather than being preachy or dictatorial. Hats off to the authors."

-Michael Mcllwrath, Associate GC - Litigation, GE Oil & Gas, Florence, Italy

• >> TABLE OF CONTENTS
  CONTENTS
  
  Foreword
  
  Introduction
  Purpose and Scope
  
  Section One
  
  Chapter 1. Introduction to Arbitration
  Background and Origins of Arbitration in International Dispute Resolution
  Distinguishing Dispute Resolution Processes
  
  Chapter 2. Overview of the Legal Framework
  International Conventions and Laws
  Additional Considerations
  Arbitration Institutions and Rules Systems
  Special Dispute Subjects
  
  Section Two
  
  Chapter 3. Drafting the Arbitration Agreement
  
  Chapter 4. Initiating the Proceedings
  The Pleadings
  Selecting Arbitrators
  
  Chapter 5. Jurisdiction of the Tribunal
  
  Chapter 6. Provisional or Interim Remedies
  
  Chapter 7. Preliminary Conference
  
  Chapter 8. Discovery and Information Exchange
  
  Chapter 9. Prehearing Procedures and Motions
  
  Chapter 10. Dispositive Motions
  
  Section Three--The Hearing
  
  Chapter 11. Presenting Evidence and Argument
  Planning for the Hearing
  Prehearing Submissions
  Hearing
  Post-Hearing Proceedings
  
  Section Four--Awards and Enforcement
  
  Chapter 12. Awards
  
  Chapter 13. Reconsideration of Awards
  
  Chapter 14. Recognition and Enforcement of Awards
  
  Chapter 15. Setting Aside an Award or Challenging Enforcement of an Award
  
  Conclusion
  
  Appendices -- On CD
  
  Appendix A United Nations Conference on International Commercial Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)
  
  Appendix B IBA Rules on the Taking of Evidence in International Commercial Arbitration
  
  Appendix C IBA Rules of Ethics for International Arbitration
  
  Appendix D IBA Guidelines on Conflicts of Interest in International Arbitration
  
  Appendix E CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration
  
  Appendix F Chartered Institute of Arbitrators Practice and Standards Committee Arbitration Sub-Committee Practice Guidelines 16: The Interviewing of Prospective Arbitrators
  
  Appendix G AAA-ABA Code of Ethics for Arbitrators in Commercial Disputes
  
  Appendix H UNCITRAL Annex II
  
  Appendix I United Nations Commission on International Trade Law--UNCITRAL Arbitration Rules
  
  Appendix J International Chamber of Commerce Rules of Arbitration
  
  Appendix K CPR: A Comparison of Selected International Arbitration Rules
  
  Appendix L Frequently Used Web Sites

• >> AUTHORS
  
  
  • Hon. John W. Cooley
    
    
    • Hon. John W. Cooley (1943-2009) was a mediator in government and private practice since 1977. He was a former United States Magistrate, Assistant United States Attorney, Senior Staff Attorney for the United States Court of Appeals for the Seventh Circuit, and a nationally recognized author and teacher of appellate advocacy and of alternative dispute resolution.

  
  

  • H. Roderic Heard
    
    
    • H. Roderic Heard is a partner in the Chicago office of Barnes & Thornburg LLP. He is a Distinguished Neutral for the International Institute for Conflict Prevention and Resolution and National Panelist for AAA. Mr. Heard belongs to the Chicago International Dispute Resolution Association, and has been a faculty member for the National Institute for Trial Advocacy (NITA) since 1987. He is a former chair of the Network of Trial Law Firms and is a board member of the Better Government Association, a civic watchdog group.

  
  

  • Susan L. Walker
    
    
    • Susan L. Walker is a trial and appellate lawyer, and a certified arbitrator and mediator. She has taught at the Northwestern University School of Law, DePaul University College of Law, and is a faculty member for the National Institute for Trial Advocacy (NITA).