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Part II The Arbitration Process and Persuasion Strategies, 8 Opening Statements

Donald E. Vinson, Klaus Reichert

From: Arbitration: the Art & Science of Persuasion (1)

Donald Vinson, Klaus Reichert

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 November 2022

Arbitral tribunals — Arbitrators — Arbitration

This chapter cites the persuasive techniques and tactical considerations that lawyers can employ for the oral hearing’s opening statement of any arbitration. In terms of arbitration, oral hearing resembles litigation in national courts. Thus, opening statements set up the stage on how and what arbitrators perceive during the hearing. The chapter also highlights the issue of the perspective of the counsel and arbitrators as they may not approach a case from the same perspective amidst the delivery of opening statements. Additionally, thematic anchors is a key psychological consideration in building persuasive opening statements as it would be the foundation of the tribunal’s final decision.

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