The Guide to Advocacy, Fifth Edition: Opening Submissions

The Guide to Advocacy, Fifth Edition: Opening Submissions

Publication

Franz Schwarz wrote a chapter in the Global Arbitration Review's fifth edition of The Guide to Advocacy titled "Opening Submissions." The whole publication is available at https://globalarbitrationreview.com/guide/the-guide-advocacy/fifth-edition.

Excerpt: This chapter provides an overview of topics and techniques to consider in the preparation and delivery of opening submissions in international arbitration. It covers both rhetorical approaches and pitfalls; examines the content and structure of presentations, including how to address weaknesses in one’s case; and closes with thoughts on specialised presentations on technical matters or on quantum. This year’s edition is updated with the experience gained, by necessity, through the covid-19 pandemic and the resulting proliferation of online hearings. As challenging as this time was, and remains, it has also been a period that permitted arbitration to showcase one of its premier attributes – flexibility. And counsel had to adapt to this changing world of video calls and hearings. Some of these changes will no doubt be here to stay. As always, the thoughts expressed in this chapter are not immutable rules but are suggestions of what you might consider as you prepare for your next opening submission. Good advocacy is inherently subjective, and what works well for one counsel will not work for another. Each advocate needs to find their own authentic voice.

Authors

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