Switzerland - Chapter 7 - The Art of Advocacy in International Arbitration

Author(s): 

Pierre-Yves Tschanz

Page Count: 

38 pages

Media Description: 

1 PDF Download

Published: 

March, 2004

Jurisdictions: 

Switzerland

Practice Areas: 

Commercial Disputes,

Advocacy

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Description: 

Originally from The Art of Advocacy in International Arbitration

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I. Introduction

Advocacy usually refers to the preparation and presentation of a

party’s case, in order to convince the arbitrators of the merits of the

case. This chapter deals primarily with advocacy in this sense.

 

A. Process Advocacy.

 

In international arbitration, however, further skills are necessary

to obtain a favorable award. These are the skills relating to the

arbitration process itself (hereafter “process advocacy”). They include

setting up the arbitral tribunal as well as ensuring that the process

does not break down and is efficient, thorough, fair and costeffective.

We will, therefore, begin with process advocacy.

 

B. Swiss Perspective.

 

Our focus is on the practice of Swiss lawyers, practitioners and

academics, acting as arbitrators, primarily in arbitrations having their

seat in Switzerland. The impact of an arbitrator’s national

background is, however, waning. Most international arbitrators

coming from Switzerland may have more experience of international

arbitration than Swiss domestic litigation.