The document provides an overview of effective advocacy in commercial arbitration. It discusses key differences between arbitration and litigation, including that arbitrators are bound by the terms of the arbitration agreement rather than legal precedents. It also covers important considerations for advocacy in arbitration, such as designing the arbitral process, selecting arbitrators, applicable rules, written pleadings, presenting evidence and conducting hearings. The document aims to educate advocates on best practices for arbitration.
International Business Transaction - Arbitration of Disputes in International...Mariske Myeke Tampi
Describes arbitration as the means of dispute settlement which has a confidentiality as one of its advantage. Arbitration agreement has been described as well with the relevant arbitral source of law and its institutions.
Legalwise School Law Conference 2017- Contractual Risks & Issues Regarding En...Kerry O'Brien
Outline the contractual issues and risks of enrolment including:
- Who are the parties to an Enrolment Agreement;
- When is the contract formed;
- Variations to the contract, what and how;
- Australian Consumer Law;
- Breach of the Enrolment Contract – Fees; and
- Discrimination.
Legalwise School Law Conference 2016: Enrolment, Contract Issues & Record Kee...Kerry O'Brien
In this presentation we aim to provide an understanding of enrolment issues, contractual issues and record keeping. We explore aspects such as:
- Who are the parties to an Enrolment Agreement;
- When is the contract formed;
- Variations to the contract, what and how;
- Australian Consumer Law;
- Discrimination; and
- Breach of the Enrolment Contract
- Fees
Showcasing Great Content: Don't Bury the Ledejvakoc
Harvard Law School (HLS) had a problem. They had amazing, high quality news content being created daily by the school that was not only getting lost quickly after it was published on the home page, but publishing it in the first place was a labor-intensive chore. Their old CMS didn’t publish in real-time, had no tagging functionality, and was neither mobile-friendly nor particularly accessible. And those were just a few of the problems.
This case study will address how a small department with limited resources moved to WordPress and become a proof of concept for redesigning and migrating the entire HLS site, helping to shape the whole school’s online strategy.
International Business Transaction - Arbitration of Disputes in International...Mariske Myeke Tampi
Describes arbitration as the means of dispute settlement which has a confidentiality as one of its advantage. Arbitration agreement has been described as well with the relevant arbitral source of law and its institutions.
Legalwise School Law Conference 2017- Contractual Risks & Issues Regarding En...Kerry O'Brien
Outline the contractual issues and risks of enrolment including:
- Who are the parties to an Enrolment Agreement;
- When is the contract formed;
- Variations to the contract, what and how;
- Australian Consumer Law;
- Breach of the Enrolment Contract – Fees; and
- Discrimination.
Legalwise School Law Conference 2016: Enrolment, Contract Issues & Record Kee...Kerry O'Brien
In this presentation we aim to provide an understanding of enrolment issues, contractual issues and record keeping. We explore aspects such as:
- Who are the parties to an Enrolment Agreement;
- When is the contract formed;
- Variations to the contract, what and how;
- Australian Consumer Law;
- Discrimination; and
- Breach of the Enrolment Contract
- Fees
Showcasing Great Content: Don't Bury the Ledejvakoc
Harvard Law School (HLS) had a problem. They had amazing, high quality news content being created daily by the school that was not only getting lost quickly after it was published on the home page, but publishing it in the first place was a labor-intensive chore. Their old CMS didn’t publish in real-time, had no tagging functionality, and was neither mobile-friendly nor particularly accessible. And those were just a few of the problems.
This case study will address how a small department with limited resources moved to WordPress and become a proof of concept for redesigning and migrating the entire HLS site, helping to shape the whole school’s online strategy.
Moot courts became so important for commercial arbitration that different people and organizations around the world realized that competitions should be held as a way to stimulate students to do their best and improve their skills in this activity. There are different examples of international moot competitions held in different places of the globe. Learn more in this post.
Presentation given at @atamerica Jakarta on August 12, 2012, at "Towards a U.S. Higher Education" by Indonesia Mengglobal and Indonesian Club at Stanford.
Delivered by Tiza Mafira, a LLM graduate from Harvard School of Law
Igor Ellyn, QC, CS is a leading Toronto litigation lawyer, chartered arbitrator and mediator, who specializes in shareholders disputes and arbitration. In this highly informative presentation, Mr. Ellyn discusses litigation and arbitration of shareholder oppression cases.
TROs and Preliminary Injunctions (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Sometimes—often at the beginning of a case—you need the court to take immediate action to protect your client’s interests or to maintain the status quo while the litigation progresses. This webinar discusses procedures and strategies for obtaining temporary restraining orders and preliminary injunctions. The topics discussed include the procedural and substantive requirements for obtaining TROs and preliminary injunctions, some best practices for how to succeed on motions seeking TROs and preliminary injunctions, and how to challenge and defeat those motions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/tros-and-preliminary-injunctions-2021/
Practical tips on choosing the right dispute resolution strategy, entering into enforceable agreements for ADR, and navigating complex matters such as arbitrations with an international component.
ALTERNATIVE DISPUTE RESOLUTION 2022_ Handling the ArbitrationFinancial Poise
The final episode will go through presenting your case and claims to the arbitrator or panel, including how to handle discovery demands and discovery disputes. When to decide if you really should make a motion and what motions are viable or make sense. Whether objections during the hearing are appropriate, various methods of testimony and the use of expert witnesses. How to prepare pre-trial statements, exhibit lists and witnesses for the arbitration. We will also cover the post-arbitration submissions and awards.
Part of the webinar series: ALTERNATE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
These slides are regarding Ratio decidendi, a topic from judicial process.What is ratio. Ratio decidendi. Definitions. Hierarchy of English court. Difference between ratio decidendi and obiter dicta. Shades of meaning to the expression ratio decidendi.
The Role of Ratio Decidendi in Judicial Precedent. Rules of ratio decidendi. When precedent has multiple reasons. Where there are multiple judges. Determination of ratio decidendi. Ratio decidendi in Indian Scenario. Stare decisis and Article 141 Overruling Conclusion.
The doctrine of judicial precedent developed in common-law legal system centered on the notion of ratio decidenti of a case. According to the preliminary statement of the English rules of precedent, every court is bound to follow any case decided by a court above it in the hierarchy and appellate courts(other than House of Lords) are bound by their previous decisions. The decision or judgement of a judge may fall into two parts: The ratio decidendi (reason for the decision) Obiter dictum(something said which is not part of the judgement or said by the way).
What is ratio? • Meaning of ratio is the measure of a quantity in terms of another and decidendi means decision. • Ratio is a ruling on a point of law and the decision on a point of law depends on facts of a case. Culling out / obtaining ratio from a judgment is difficult. • A thorough reading of an entire judgment is required to identify a ratio. • Essence of the decision is the ratio. Every observation found in a judgement is not the ratio.
RATIO DECIDENDI Ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes“. Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision".
7. DEFINITION • According to Salmond “the ratio decidendi may be described roughly as the rule of law applied by and acted on by the court, or the rule which the court regarded as governing the case." • Sir Rupert Cross defined the ratio decidendi as ”any rule of law expressly or impliedly treated by the judge as a necessary step in reaching his conclusion, having regard to the line of reasoning adopted by him”(Precedent in English Law).
Ratio decidendi • Ratio decidendi ordinarily means the reason for deciding the case . The reason here is not; The fact of the case. The law that the case applies. The order of the case.
HIERARCHY OF ENGLISH COURTS
MAGISTRATES COURTS TRIBUNALS COUNTY COURT HIGH COURT SUPREME COURT (House of Lords) COURT OF APPEAL CROWN COURT CIVIL CRIMINAL DIVISIONAL COURT
Intellectual Property (IP) and Alternative Dispute Resolution (ADR): Using M...Erica Bristol
This PowerPoint discusses the use of mediation-pre-litigation and during litigation-to resolve intellectual property disputes, including a discussion of the difference between California and federal mediation confidentiality and privilege, and considerations when drafting mediation clauses in licenses and other contracts.
Analysis of legal principles to real estate contracts in Ontario, Canada, including specific performance, action for damages, certificates of pending litigation, cautions and related matters.
These tips, pointers and information are intended for persons who must attend for cross-examination or examination for discovery in a civil proceeding in Ontario. There are some procedural differences between cross-examination and discovery but generally, preparation for the examination is the same.
At the root of appeals from judgments in commercial cases is the burning question: Does the result make sense from a business perspective? or put in more legally-eloquent language: Does this result meet the test of commercial reasonableness? "Commercial Reasonabless" is a concept Canadian courts address frequently to determine if business conduct or a result makes sense.
This paper will show that in commercial appeals, the Court of Appeal generally operates on the principle of commercial reasonableness. If the relief sought is not commercially reasonable, then you are unlikely to achieve a successful result for your client. I hope to show that appellate courts in Ontario approach appeals involving commercial disputes by asking whether the trial judge’s decision was commercially reasonable. In short, The court will not adopt an interpretation that is clearly commercially absurd.
The author is a senior business litigation and arbitration lawyer in Toronto who has argued many business appeals in the Ontario Court of Appeal. He is also an experienced trial and arbitration counsel. Senior partner of Ellyn Law LLP Business Litigation & Arbitration Lawyers, Mr. Ellyn heads a team of competent litigation lawyer who are at the vanguard of developments of business litigation and arbitration in Ontario. Igor Ellyn is also the Chair of the Business Litigation & Arbitration Practice Group of INBLF.com, the International Network of Boutique Law Firms.
The authors explain how a Business Legal Checkup ("BLC") can be useful. BLC is a diagnostic tool small and medium size businesses can use to verify if legal aspects of their operation comply with law and to minimize risk, litigation and expense. When the BLC is completed, the business owner receives a lawyer’s report red-flagging matters which need correction, improvement or further legal advice. Contact the authors for more information.
When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this paper, we highlight the range of remedies available in the common law jurisdictions of Canada to protect shareholders and others from abusive corporate action.
This is the fourth update revision of a paper which was first published on the internet in 2005. It has been widely read and has been well-received by clients and other lawyers. We believe that we have been repeatedly quoted by other lawyers. Our paper was used in global corporate law texts in Asia and was including in required reading for a business valuators program in Canada.
This paper begins by discussing the various sources of shareholder rights, including corporate statutes, articles of incorporation and by-laws, and shareholder agreements. Although securities laws will also be briefly mentioned, the securities regime is exceedingly complex and it is beyond the scope of this paper to address it in detail. We then discuss the remedies provided by corporate statute to shareholders who are aggrieved by the manner in which management conducts the business and affairs of the corporation, including voting, court-ordered meetings, derivative actions, the oppression remedy, investigations, appraisals and court-ordered winding-up on the “just and equitable principle”.
The oppression remedy, widely acknowledged to be the most powerful weapon in the shareholder's arsenal of remedies, focusses on two particular points: the broad definition of "complainant" under corporate statutes, and the manner in which the courts have defined the reasonable and legitimate expectations of shareholders and other "proper persons" under the oppression remedy.
The authors are members of ELLYN LAW LLP Canadian Business Litigation & Arbitration Lawyers, a Toronto law firm, specializing in dispute resolution for small and medium businesses and their shareholders. The firm is a member of the International Network of Boutique Law Firms (www.inblf.com), a prestige network of specialized law firms who have demonstrated pre-eminence their practice fields. Ellyn Law LLP is INBLF’s designated Toronto firm for shareholder disputes and arbitration. Igor Ellyn, QC is the Chair of INBLF's Business Litigation & Arbitration Practice Group.
In the seven years since this paper was first published, ELLYN LAW LLP has acted on dozens of complex shareholder disputes. Despite our long experience in this area, each case brings its shares of new twists and surprises. In each revision of this paper, we have added the benefits of our added experiences.
In this paper, Toronto lawyers Evelyn Perez Youssoufian and Orie Niedzviecki discuss the impact of an important case in the commercial arbitration and the supervision of arbitration by the Superior Court of Justice of Ontario.
The Ontario Superior Court decision of Farah v Sauvageau Holdings Inc., 2011 ONSC 1819, resolves many issues regarding orders and awards in arbitration proceedings. The application was brought because there were novel issues raised in its underlying arbitration. In his decision, Justice Paul Perell addresses several important issues, some brought up at the Superior Court for the first time, which should be taken into account by both arbitrators and arbitral counsel when conducting an arbitration.
This paper discusses the issues of orders and awards in an arbitration as raised by Farah v Sauvageau; including an arbitrator's jurisdiction to make orders affecting non-parties, Mareva injunctions, Anton Piller orders, Norwich orders, orders for interim preservation of property or orders for Certificate of Pending Litigation. It also discusses whether it is or when it may be appropriate for arbitral counsel to have ex parte communications with the arbitrator.
The also paper discusses whether an arbitral award can become an order of the court without resorting to the procedure in s. 50 of the Ontario Arbitration Act, 1991, in any circumstance (even an ex parte award).
The authors are members of ELLYN LAW LLP Business Litigation & Arbitration Lawyers, a Toronto law firm, specializing in dispute resolution for small and medium businesses and their shareholders. The firm is a member of the International Network of Boutique Law Firms (www.inblf.com), a prestige network of specialized law firms who have demonstrated pre-eminence their practice fields. Ellyn Law LLP is INBLF’s designated Toronto firm for shareholder disputes and arbitration. The authors were counsel on Farah v Sauvageau, and have been counsel on various international arbitrations.
This paper is for information only. It is not legal advice. It was presented at a legal seminar presented in Toronto on October 26, 2012.
This article is an excerpt of the Canada Chapter of International Liability of Corporate Directors, 2nd edition, published by Juris Publishing in February 2013. This excerpt excludes numerous aspects of the full chapter, particularly in reference to offering corporations, national corporate reporting, the supervisory role of the securities commissions, insider trading, prospectus violations, director loans and directors’ and officers’ liability insurance and indemnification of officers and directors. Further, some sections have been abridged. The full article should be consulted for the omitted aspects and for a more complete analysis of the applicable law. This article is not legal advice and is intended solely as information. Further information can be obtained from the authors.
In Canada, there is a large body of statutory and common law which provides guidance about the standards of conduct expected from directors and attaches personal liability for failing to meet those standards. Directors now owe expanded duties to shareholders, employees, creditors, and other stakeholders and are increasingly being held personally responsible for the corporation’s conduct. Liability attaches under the Canada Business Corporations Act (CBCA), and under provincial corporations acts, most of which are similar to the Ontario Business Corporations Act (OBCA). This article deals only with liabilities under business corporations.
Commercial Arbitration is a process which depends on the consent of the parties. Only parties to the arbitration agreement can be affected by the arbitrator's award. In this article, the authors review a recent judgment of the Ontario Superior Court of Justice which set aside an arbitrator's award which made orders against third parties.
The case concerned a business transaction for the sale of a collection agency. The sale closed but the purchaser, a corporation operated by a lawyer, thought it had been defrauded by the seller. The purchaser commenced a claim in court attempting to place a certificate of pending litigation on the seller's house but then decided that he wished to arbitrate the dispute under the arbitration clause in the sale agreement.
After the arbitrator was consensually selected, the purchaser made a motion to the arbitrator without notice to seek a Mareva Injunction. A Mareva injunction is an order which restrains the defendant from disposing of his assets until the lawsuit has been concluded. It is typically obtained where there is reason to fear that the defendant will remove his assets from the jurisdiction before the case is completed and thereby avoid enforcement of any judgment which may be obtained. Typically, the order is also directed at banks and others who have financial dealings with the defendant, in the hope that they will freeze the defendant's accounts.
In the case discussed in the article, the claimant sought a Mareva injunction from the arbitrator without notice to the defendant. The arbitrator granted the order including an order directing banks to freeze the defendant's accounts. The claimant then filed the arbitrator's order in the court office without following the proper procedure to turn it into a court order. On a motion to the Court, the judge, the Hon. Justice Paul Perell, discussed in detail the principles affecting arbitral awards made without notice and whether an arbitrator can make an order which affects parties who are not involved in the arbitration. After an exhaustive analysis which is explained in the article, the Court decided that the arbitral order had to be set aside. The judge also called the arbitral award filed in the court office "bogus" because the correct procedure had not been followed.
Orie Niedzviecki, a partner of Ellyn Law LLP Business Litigation and Arbitration Lawyers, Toronto, and Evelyn Perez Youssoufian, an associate of the firm, were counsel for the seller. Assisted by Igor Ellyn, QC, CS, FCIArb., Senior Partner of Ellyn Law LLP, they explain the issues and legal principles enunciated by Justice Perell in this article.
The hallmark of international commercial arbitration is the right of parties to select the law to govern their dispute. However, choice of law or party autonomy is subject to limits. Sometimes arbitrators are obliged to apply the mandatory law of a jurisdiction contrary to the will of one or more of the parties. The scope of these issues was discussed by Igor Ellyn in a presentation to the NY State Bar Association and Cornell University at the Bloomberg Center in New York in March 2008. These power point slides summarize the presentation.
Enforcement of a U.S. or international judgment in Canada requires expert knowledge of Canadian law and procedure.
Courts in Ontario, Canada, which includes the Greater Toronto Area, are receptive to the enforcement of final and conclusive foreign money judgments is subject to certain statutory exceptions and procedural requirements. This article explains the law and procedure applicable in Canada, with emphasis on the Province of Ontario, where one-third of Canada's population resides.
The authors are business litigation and arbitration lawyers in Toronto, Canada. This article is an excerpt of a chapter of which they are authors which comprehensively deals with the law of enforcement of foreign money judgments in Canada.
Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator, forensic accountant, economist, appraiser or any of a panoply of other financial experts.
The expert's evidence could make or break the case. So it's important to engage counsel who knows the rules and an expert whose opinion will be accepted by the court.
In this interesting presentation, Igor Ellyn, QC, CS, FCIArb, a senior business litigation and arbitration counsel in Toronto, Canada, discusses the law affecting the use of financial experts and best practices to make their evidence most effective. Mr. Ellyn was assisted by Evelyn Perez Youssoufian, also, a business litigation and arbitration lawyer. Both are members of Ellyn Law LLP.
The following topics are discussed:
- What an expert witness should accomplish
- Determining when to use a financial expert
- What kind of financial expert do you need?
- Types of financial expert witnesses
- Factors to consider when hiring the expert
- New developments in presentation of expert evidence
- Conflicts of interest and disclosure
- Litigation privilege relating to expert reports
- Best practices for qualifying a financial expert
- Limits of admissibility of expert evidence
- Preparing the financial expert to testify at the hearing
- Preparing for cross-examination of the opposing expert
- The Court’s power to appoint an expert
- Counsel’s role in the content of the expert’s report
This presentation was prepared for a legal conference which took place in Toronto on May 30, 2013. The contents are not legal advice. Please contact the author if you have any questions.
Small and medium sized businesses are the engines which drive the North American economy. Increasingly, people go in to their own business. Often spouses and other family members are in business together. Because of mutual trust and sharing which exists at the start of these arrangements, spouses tend not to make agrements about what will happen if the marriage breaks down.
When spouses who are in business together divorce, there are also consequences for the business. Who will keep the business? What will the spouses be able to work together? How much is the business worth? Who should buy the business? How will a buyout be funded? These questions are just the tip of the iceberg.
In this PowerPoint slide presentation, we provide useful information about the legal problems confronting separating or divorcing couples who are in business together. By reviewing these slides you will gain important insights about the issues lawyers have to deal with in these situations. What law applies? What other kinds of experts do you need? What legal advice will you need to find a workable resolution? What evidence will you need if the case has to go to trial? What procedure must be followed? If you are in business with your spouse or life partner, the information in these slides provides a few pointers about Ontario law even if the relationship is continuing. Sometimes, a unanimous shareholders’ agreement or some strategic advice can help avoid expensive litigation down the road.
These slides were part of a presentation at a lawyers conference conducted by Osgoode Professional Development in Toronto on March 27, 2012. They are intended as information only and not legal advice.
The authors are experienced litigation and arbitration lawyers in Toronto, Ontario, Canada, who act on complex shareholder disputes, typically involving closely-held corporations.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
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⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
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"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
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[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
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Is arbitration the same as litigation?
Why arbitrate rather than litigate?
Arbitration is a consensual process
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Similarities can be deceptive
Arbitration binds only parties to the agreement
Designing the arbitral process
Selecting the arbitrator or arbitral panel
Rules affecting the arbitration
Motions in the arbitration
Written advocacy and pleadings
Taking evidence in the arbitration
Documentary evidence
Witnesses in the arbitration
Conducting the hearing
Interpreting and correcting the award
Rights of appeal and court intervention
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Overview of Arbitration Advocacy
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3. Is arbitration the same as litigation?
• Basic concepts are the same:
• An adversarial process to resolve a dispute.
• Requires pleadings, documents, discovery.
.
• Evidence has to be adduced at a hearing.
• Resolution of the dispute requires interpretation of the facts
and application of legal principles.
BUT
• Judge’s role is to decide on the facts and law with regard to
stare decisis, inherent jurisdiction, comity, constitution and
other interests of the state.
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• A neutral person makes a binding decision.
• Arbitrator must decide in accordance with the terms of the
contract: UNCITRAL Arb. Rules Art. 35-3.
• The arbitrator will know a lot about the case before it reaches
the hearing. A judge sees it for the first time when s/he
receives the trial record.
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4. Similarities can be deceptive
• An action in Court is authorized by statute or common law.
• The litigants are subject to the process of the Court and the
.
authority of Judge or Master.
• A Judge has contempt power to enforce orders and control the
court process.
• The Court selects the judge. “Judge shopping” is discouraged
and considered improper.
• The judge may have no experience in this type of case especially
in courts in smaller centres.
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• Judge has inherent, statutory and constitutional jurisdiction.
• Courts are public. Most arbitrations are confidential.
• Arbitration award require a court order for enforcement:
Arbitration Act, s. 50, ICAA, Model Law, Art. 35.
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5. Difference in approach between
court and arbitrator
• On application to the English Court for the same relief,
Tugendhat J. held that the English law applied: (Accentuate v.
Asigra [2009] EWHC 2655 (30 Oct 09)) http://goo.gl/vapA7
“. . .nothing in this judgment should be taken as a criticism by me of
the conduct or reasoning of the arbitral Tribunal. . .it was the duty
of the Tribunal to apply the law which . . .was designated by the
parties as the law applicable to the substance of the dispute: see
UNCITRAL Art 33. The . . .Tribunal was fully conscious of the relevant
considerations. They were clearly aware that the English court might
approach the matter differently for reasons which do not reflect
adversely upon the Tribunal.”
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• In an arbitration under UNCITRAL Arbitration Rules in Toronto
under Ontario law, the arbitral tribunal dismissed a claim to
.
apply a mandatory provision of English law.
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6. Should we arbitrate or litigate?
Is arbitration “the flavour of the month” or is it a step
forward to resolving business disputes?
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Have the parties already agreed to arbitrate?
What issues will be arbitrated?
Do you need remedies that an arbitrator cannot give?
Are there other parties who have not agreed to arbitrate?
Is the arbitration process too expensive for the dispute?
Should the parties agree to arbitrate even if there is no existing
arbitration agreement?
Can the parties agree on an arbitrator?
Can adducing the evidence and argument be streamlined compared
to an action in court?
How much will the arbitrator charge?
Will arbitration take less time than an action in court?
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7. •
•
•
•
•
•
What does the arbitration agreement say about the
scope of the arbitration?
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Some arbitration clauses provide court proceedings for
equitable remedies and urgent injunctive relief.
Courts are deferential to a mandatory arbitration
provision unless statutory relief is sought that could not
be granted by the arbitrator.
In Deluce Holdings Inc. v. Air Canada (1992), 12 O.R.
(3d) 131, Blair J. (as he then was) allowed an oppression
claim to continue in the face of an arbitration clause.
Arbitrator’s jurisdiction is circumscribed by the
agreement.
The parties can agree to expand or narrow its terms
even after the dispute arises.
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What is to be arbitrated?
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8. Arbitration is consensual
• No one can be forced to arbitrate without an agreement.
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• Parties are free to design the arbitral process by agreeing on:
1) the identity of the Arbitrator; 2) the number of arbitrators;
3) the governing law; 4) the applicable rules of procedure; 5)
seat of the arbitration; 6) method of adducing evidence and
timing; and 7) the scope of the arbitral tribunal’s jurisdiction;
8) the time for delivery of the award; 9) rights of appeal; and
10) any other aspects of the arbitration.
• If arbitration is agreed to in principle but details are left out,
the Arbitration Act and the International Commercial
Arbitration Act fill in the gaps.
• Court can resolve an impasse or a party’s refusal to participate
as far as terms of the arbitration agreement allow.
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9. Arbitration binds only the parties
to the arbitration agreement
• The arbitrator cannot make an order which binds nonparties to the arbitration.
• An arbitrator can give injunctive relief but only a court
can bind third parties.
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• Arbitration is not available if there are parties to the
dispute who have not agreed to arbitrate unless the
parties agree.
• Farah v. Sauvageau Holdings Inc., 2011 ONSC 1819
(Perell J.) – See paper by E. Perez & O. Niedzviecki on
this topic http://goo.gl/6VLnZ
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10. Designing the arbitral process
• Parties can design the process to suit the requirements of
the case
• Witness statements are typically used in place of
examinations-in-chief
• Oral evidence is often limited to cross-examination
• Bifurcation of issues is common
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• Motions are less formal. Usually teleconferences with
the arbitrator
• Timing of the award
• Scope of appeal rights
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11. • What does the agreement say about the number or
arbitrators and the selection of the panel?
• Arbitration encourages "judge-shopping“.
• Select an arbitrator whose combination of attributes
increase the chances of success.
• How is the arbitrator selected if parties cannot agree:
Sometimes a judge makes an order.
• Parties can select nominees to choose the arbitrator and be
bound by their selection.
• Motion to a judge: Propose competent arbitrators and the
judge will choose.
• The parties must select the arbitral tribunal mandated by
the agreement unless they agree otherwise: OEMSDF Inc. v.
Europe Israel Ltd. (1999) 42 CPC (4th) 229 (SCJ).
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Selecting the arbitrator or panel
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12. • Number of arbitrators
• Expertise
• Nationality and Citizenship – many arbitration agreements
have limiting provisions but see ICAA s.5, re any national can
be an arbitrator
• Familiarity with subject-matter
• Language ability and cultural sensitivity
• Seat of the arbitration
• Other cases in which the arbitrator was involved
• Conflicts and potential conflicts
• Who does the other side want and why?
• Creating a list of acceptable arbitrators
• Intangibles
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Factors to consider in selecting an
arbitrator or panel nominee
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13. Intangible factors affecting
selection of an arbitrator
• BUT arbitrators are also human. They enter the arbitration
with their unique blend of personal biases and experiences
which may influence the outcome of the case favourably or
negatively.
• A careful check of the arbitrator’s background is an important
part of the advocate’s role. Who is the arbitrator? What cases
has s/he had as counsel or arbitrator that may influence the
outcome?
• Conduct a thorough conflict check: See AT&T Corp v Saudi
Cable Co [2000] 2 All E.R. (Comm) 625 where the former
directorship of well-known Canadian arbitrator led to
extensive litigation.
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• We presume all arbitrators are knowledgeable, ethical, evenhanded, unbiased and will decide the case only on the
evidence presented at the hearing.
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14. Intangible factors affecting
selection of an arbitrator #2
• Search CanLII for cases. You may find a case where the
arbitrator was challenged
• Check clients of the arbitrator’s firm
• Directorships and former directorships
• Cases in which arbitrator acted as counsel
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• Review arbitrator’s c.v. carefully
• Cases which arbitrator heard as a judge
• Appeals from the arbitrator’s awards (if they can be located)
• Unspoken “bias” in favour of a particular group, e.g. unionmanagement, employers and employees, “David and Goliath”
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15. Rules affecting the arbitration
• Counsel new to arbitration assume that the rules of the arbitration
are the same as Rules of Civil Procedure. Not necessarily so.
• If the agreement does not specify the rules, the appointing body (if
there is one) usually has arbitration rules: ADR Chambers, ADRIO,
ICC, LCIA.
• UNCITRAL Arbitration Rules often used in international arbitrations.
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• First check what the arbitration agreement says about the
applicable rules.
• For domestic arbitrations, check the Arbitration Act, especially ss.
19-30. It has provisions as to what can and cannot be done, except
by agreement, e.g. no summary judgment in arbitration if a party
requests a hearing: s. 26(1).
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16. Rules affecting the arbitration #2
• Counsel can agree to modify the rules in an
arbitration agreement, including:
• Scope of Arbitrator’s jurisdiction
• Motions
• Production of Documents
• Discovery
• How witnesses will testify
• How expert evidence will be adduced
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• Pleadings
• Bifurcation between liability and quantum
• Bifurcation of other discrete issues in the case
• How long arbitrator has to deliver a decision
• Rights of appeal
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17. Rules affecting the arbitration #3
• International Commercial Arbitration Act (ICAA) applies
where one of the parties (individual or corporate) is not
resident in Canada when the arbitration agreement was
made.
• ICAA incorporates the UNCITRAL Model Law with some
modifications.
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• In international commercial arbitrations, see if
arbitration agreement designates ICC, LCIA, ICSID,
AAA/ICDR, NAFTA, UNCITRAL or others.
• Under ICAA s. 6, arbitrator can decide what rules to apply
if the parties do not select the applicable rules.
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18. Pleadings and written advocacy
• Is a Notice of Mediation required before commencing the
arbitration?
• Claim should be according to format specified by the
institution governing the arbitration.
• Look for arbitration precedents – if it looks like a Statement
of Claim in a court case, it will highlight your arbitration
inexperience.
• Format and content of Claim must be according to the rules
applicable to the arbitration.
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• What to put in the Notice to Arbitrate?
• If governing law is not Ontario, identify and plead the
applicable foreign law.
• Scope of the claim is usually broader than under Ontario
Rules of Civil Procedure.
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19. Pleadings and written advocacy #2
• Rules of Civil Procedure do not apply unless these are the rules
of the arbitration.
• Pleading evidence is permitted.
• Plead argument and refer to key case law.
• The Claim should be persuasive and interesting.
• Pleadings should be a succinct statement that introduces the
arbitrator to strength of the case.
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• Pleading the theory of the case is helpful.
• Particularize the Claim: it will sound weak if pleading is too
skimpy on details.
• Plead only what you can prove at the hearing.
• Local customs matter: An unproved allegation of fraud will still
attract a higher costs sanction.
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20. Motions in the arbitration
• The arbitrator hears all the motions except that the Chair can
hear procedure motions where there is a panel. (UNCITRAL
Arbitration Rules, Art. 33-2)
• Arbitrator has jurisdiction to determine the scope of his/her
jurisdiction, including what is arbitrable (Arbitration Act, s. 17,
ICAA, Model Law, Art. 16).
• This is known as the “kompetenz-kompetenz” principle. In
international arbitration “competence” often means
“jurisdiction” (from French and German).
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• Motions are often by conference call.
• A party can challenge the arbitrator on the basis of bias or lack
of qualifications. Arbitrator rules first. (Arbitration Act, s.13,
ICAA, Model Law, Art. 12(2))
• Court remedies re jurisdiction, bias and unfair treatment,
setting aside: Arb. Act ss. 6-7, 46-47; ICAA, Model Law Art. 34.
Note 3-mo.limitation in Art.34(3).
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21. Opening Statements
• By the time the case gets to a hearing, the arbitrator
already knows a lot about it.
• An opening statement may be superfluous.
• If counsel agree on opening statements, brevity is
critical. Tell the arbitrators succinctly what will be
proved to make out your case.
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• This differs from a trial where the trial judge sees only
the trial record before the trial.
• Do not overstate. Understatement is far more
persuasive. Do not promise or puff up evidence which
cannot be delivered.
• As Laskin JA once said in an advocacy article: “Forget
the wind-up and make the pitch.”
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22. Presentation of documentary
evidence during the hearing
• Counsel should consult to agree on the brief of documents to
be used at the hearing.
• Provide the arbitrator with a flash drive with all the
documents properly identified.
• Will a projector be required so that a document can be seen
by everyone at the same time? Make sure it works!
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• Documents should be numbered for easy identification, such
as C-1, D-1, etc.
• Make sure the witness has a book or computer to look at
without having to share or passing papers.
• Use hard copy, tabbed briefs if it will help the arbitrator.
• If arbitrator is tech-savvy, hard copy may be redundant.
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23. Issues affecting fact witnesses
• Arbitrator’s power to summons
• Witness testifying by Skype
• Hearsay rule is relaxed
• Time limits for the hearing
• Preparation of witness statements – they should be the client’s
evidence. Should not “sound” like counsel is testifying
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• Language and translation
• Witness statement which uses terms the witness does not
understand will be fodder for devastating cross-examination
and may not be persuasive to the arbitrator
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24. Expert Witnesses #1
• In domestic arbitrations, expert witnesses often report and
testify by analogy to Rule 53.03.
• Oral examination as to qualifications only if the expert’s
qualifications are in dispute.
• If liability and quantum are bifurcated damages or valuation
report will not be necessary until the damages or quantum
phase of the hearing.
• Arbitrator will not appoint a neutral expert unless the
parties so direct. It could be more dangerous than the
apparent cost saving.
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• BUT – the expert’s report will often be the evidence in chief.
• BUT, the Arbitral Tribunal can appoint an expert under Arb.
Act, s. 28 and under ICAA Model Law s.26.
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25. Expert Witnesses #2
• Each of the international rules address expert witnesses.
UNCITRAL Arb Rules Art. 29 deals with “Experts appointed by
the Tribunal”. Arbitrators seek input from parties but do not
require consent.
• Focus is on the independence, neutrality and competence of
the expert. Tribunal-appointed experts are the norm under
the civil law tradition.
• Chartered Institute of Arbitrators has a Protocol for the Use
of Party-Appointed Expert Witnesses in International
Arbitration (2007).
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• In international arbitrations, there are established protocols.
• IBA Rules on Taking Evidence in International Arbitration
(2010) are also commonly relied upon.
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26. Expert Witnesses #3
• Expert evidence “for the party” is unpersuasive and may be
inadmissible.
• CIArb Protocols specifically make this point:
• experts should provide assistance to the Arbitral Tribunal and not
advocate the position of the Party appointing them.
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• Counsel must assess whether the evidence of the expert
witness “of the party” (i.e. hired to assist the arbitrator
neutrally) or “for the party” (an advocate for the position of
the party who hired the expert).
• IBA Rules have provisions to the same effect.
• Expert must sign a statement of independence.
• Past or present relationship with a party must also be
disclosed by the expert.
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27. Conduct of the hearing
• Opening Statements if required
• Presentation of Witness Statements
.
• Warming up the witness – where permitted or agreed
• Qualification of expert witnesses
• Presentation of expert reports
• Post-hearing Brief
• Written Argument (Memorial)
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• Cross-examination of opposing party’s witnesses
• Oral submissions in addition to the Memorial
• Interpretation of the award – UNCITRAL Arb Rules 37
• Correction of the award - UNCITRAL Arb Rules 38
• Additional award - UNCITRAL Arb Rules 39
• Costs submissions – not always the same as domestic
arbitrations.
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28. •
•
•
•
•
•
•
•
•
•
•
•
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Opening Statements if required
Presentation of Witness Statements
.
Warming up the witness – where permitted or agreed
Cross-examination of opposing party’s witnesses
Qualification of expert witnesses
Presentation of expert reports
Post-hearing Brief
Written Argument (Memorial)
Oral submissions in addition to the Memorial
Interpretation of the award – UNCITRAL Arb Rules 37
Correction of the award - UNCITRAL Arb Rules 38
Additional award - UNCITRAL Arb Rules 39
Costs submissions – Not necessarily the same as domestic
arbitrations.
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Conduct of the hearing
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29. Remedies from awards
• Motions to the arbitral tribunal
• Interpretation of the award
• Correction of the award
• Additional award
•
•
•
•
•
•
Setting Aside the award
Disqualification of the arbitrator
Remitting to the arbitrator
Declaration of invalidity of the arbitration
Recognition of the award
Enforcement of the award
• See Arbitration Act, ss. 6-7, 46-47, 50
• See ICAA, Model Law, Art. 34-35
• See UNCITRAL Arbitration Rules 2010, Art. 35
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• Applications to the court
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30. Conclusion
• With the proliferation of commercial arbitration, it has taken
on its own panoply of rules, protocols and conventions both
formal and informal.
• Litigators cannot assume they know the ins and outs of
arbitration without learning the important distinctions
between litigation and arbitration.
• The arbitration advocate who understands the process is
better-equipped to obtain a successful result.
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• Commercial Arbitration was developed as an alternative form
of dispute resolution for many good reasons, including the cost
reduction and streamlining of procedures.
• Please feel free to contact me to clarify any points raised in
this presentation.
I g o r
El l y n
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