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Ch.2 The Impact of U.S. Litigation

Oliver J. Armas, Hon. George Bundy Smith

From: International Commercial Arbitration in New York (1st Edition)

James H. Carter, John Fellas

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 April 2024

Subject(s):
UNCITRAL Arbitration Rules — Arbitration — Jurisdiction — Evidence
For U.S. lawyers, involvement in the field of international arbitration often follows or complements practice in the field of litigation.2 U.S.-trained lawyers acting as advocates or arbitrators in international arbitration will naturally bring with them into the arbitration certain expectations that flow from their U.S. litigation experience, while non-U.S. trained counsel or arbitrators in international arbitration may have very different expectations. The U.S. lawyers’ expectations, their U.S. “litigation baggage,” is a direct product of the adversarial model...
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