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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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The Development of Legal Argument in Arbitration

The Development of Legal Argument in Arbitration

Law as an Afterthought—Is It Time to Recalibrate Our Approach?

(p.398) 24 The Development of Legal Argument in Arbitration
Practising Virtue

Judith A E Gill

Oxford University Press

This chapter analyses the current state of legal argument in international arbitration. After surveying the different approaches taken due to variations in the backgrounds of both advocates and arbitrators, it observes that legal arguments usually are expounded in written submissions and subsequently presented briefly during oral hearings with the tribunal not engaging directly with such arguments at any point. Combined with the diminishing use of legal experts, which partially is due to the increasing collaboration of advocates across jurisdictions, the role of legal argument is at risk of appearing subsidiary even in cases where it plays a central role — a development against which both parties and tribunals should remain vigilant.

Keywords:   international arbitration, legal argument, oral hearings, arbitral tribunals, advocates

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