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Arbitration, Mediation & Alternate Dispute Resolution


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In this article – “Drafting Sensible and Effective Multi-Step ADR Provisions” – we provide practical advice regarding factors to be accommodated in fashioning multi-step ADR provisions that are (1) useful and (2) likely to be enforced by the courts.
Practice and procedure in international arbitration regarding the selection of an expert witness has elements that are familiar and those that are unfamiliar to a U.S.-trained litigator.
In “Arbitration Agreements – Incorporation by Reference of an Arbitration Clause in in Another Document is a Simple Matter . . . Isn’t It?”,  we describe how the simple incorporation by reference of a provision in another document becomes a bit less simple when a Federal District Court says that something more is required – i.e., express notice that the other document contains an arbitration agreement among other provisions. 
In this article – “Pros and Cons of Hot Tubbing in International Arbitration” – we describe the nature of “concurrent evidence” or “witness conferencing” of experts (i.e., hot tubbing) in international arbitration, and the pros and the cons of employing such a procedure. 
In international arbitrations, litigators from the U.S. often find a bit of the familiar mixed in with equal or greater bits of the unfamiliar. One of the elements of international arbitration that is typically unfamiliar to U.S. litigators is the phenomenon of Tribunal-appointed experts in lieu of party-appointed experts.
An expert witness obviously should be thoroughly prepared to give oral testimony in an adversarial proceeding, and frankly that can best be done by counsel. Is that always permitted in international arbitrations? 
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