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The Guide to Advocacy - Fourth Edition

Introduction

Little more than three years have passed since we launched GAR’s The Guide to Arbitration, and we could not be more gratified by the unstinting interest it has garnered in the international arbitration community. While readership of the first edition topped even our most optimistic expectations, each subsequent edition has eclipsed the last in both readership and quality. Each new edition offers the opportunity to explore new aspects of the advocate’s role in international arbitration – from the artistry of oral and written advocacy to the expertise of regional or sector-specific arbitration to the guile of a master strategist.

The credit, of course, goes not to your humble editors, but to the authors of the text boxes and chapters who have graced the Guide with their contributions. Because of them, the Guide remains unique among GAR publications and, for that matter, other pieces on international arbitration. Their expertise fills the pages of the Guide with thoughtful insight, amusing anecdotes, prescient advice and more.

Advocacy in arbitration covers a limitless array of concepts, skills and viewpoints. It is, no doubt, the art of persuasion: the capacity to transcend legal, cultural, contextual and even linguistic barriers to secure a favourable outcome for one’s client. It is the arrows in the advocate’s quiver that allow him or her to marshal evidence and present it in such a way that guides the arbitrators’ decision-making – the power of trenchant and tactful prose, a compelling opening presentation, the artfulness of a line of questioning in cross-examination. But advocacy in arbitration is also the art of strategy: the ability to craft a case theory from a boundless set of facts and an exotic applicable law, the adroitness to tailor the arbitral process to suit one’s strategy. The Guide to Advocacy seeks to pull together the diverse strands of arbitral advocacy in one compendium and offer the reader the views of some of the most renowned practitioners in the field.

In this fourth edition, we continue to explore the bountiful recesses of this critical topic.

Guided by the wisdom and expertise of some of the most esteemed arbitration practitioners, we travel the globe with our ‘Cultural Considerations’ chapters. In this edition, we continue our tour of the world with new chapters on advocacy in Latin America by Karina Goldberg, in Russia and eastern Europe by Anna Grishchenkova, and in anglophone, francophone and lusophone Africa with chapters by Stanley U Nweke-Eze, Wesley Pydiamah and Manuel Tomas, and Rui Andrade and Catarina Carvalho Cunha, respectively. Each of these authors invites us to the region on which they write and shares with us the intricacies of advocacy there.

The fourth edition also gives us the opportunity to meditate upon niche areas in international arbitration. In their new chapter on investment arbitration, Tai-Heng Cheng and Simón Navarro González advise how to apply critical thinking and strategy to investment arbitration, and conclude with what they call ‘calibrated drama’ – simple and succinct oral presentation at the hearing.

We also continue to explore new areas of advocacy with two unique chapters. John M Townsend and James H Boykin examine the advocate’s role opposite an unconventional opponent in a chapter on advocacy against absent parties. In yet another new chapter, we put ourselves in the shoes of the client. Marco Lorefice, in-house counsel at Edison Spa, explains how corporate counsel acts like the conductor of a great orchestra in which external counsel is but a mere soloist.

The Guide’s chapter authors are the beating heart of this publication. The largesse that they show in sharing their expertise allows us to explore with erudition the subtleties of the art of advocacy. However, the chapters are not all that this publication has to offer. What also sets the Guide apart from any other resource on advocacy is its text boxes. In up to 500 words, many of the world’s leading arbitrators open their treasure chest of wisdom and share with us some of their most memorable war stories, their most thoughtful musings and their most valuable suggestions. The text boxes are strewn throughout the Guide, nestling within the chapters whose content they touch upon. In this fourth edition, we continue to dot the Guide’s chapters, old and new, with the judicious reflections of our text box authors.

There is no right or wrong way to advocate in arbitration. Each advocate will have his or her own style, routine, execution and point of view. The beauty of advocacy is that it must be a personal exercise – without authenticity, an advocate lacks credibility. As you pore over the pages of this Guide, leading arbitration practitioners will invite you into their break-out room and offer you their thoughts on advocacy through each step of the arbitral process. They will share with you their meditations on how to forge a robust case strategy, execute eloquent written advocacy, conduct effective direct and cross-examination, act as an indispensable resource for the first chair in a hearing, deliver persuasive opening and closing presentations, and much more.


Notes

[1] Stephen Jagusch QC and Philippe Pinsolle are partners and Alexander G Leventhal is a senior associate at Quinn Emanuel Urquhart & Sullivan LLP.

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