KNOW STRENGTHS + WEAKNESSES OF YOUR CASE

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

21 April 2021

COMMENT OF THE DAY #62 – EPISODE 4

ARBITRATION AND ADVOCACY

This is an important part of preparation – know where you are strong but also know where you are weak. Be Prepared.

Rarely is an arbitration 100% in favour of one party. Usually, it is a mix of arguments supporting Party A + arguments supporting Party B.

Know the strong points – your knock-out points – but do not overlook your vulnerable points. Identify them – List them – Address them. What is your explanation? Does it ring true? Remember a weak explanation does hurt you so get busy and have a plan.

Sometimes, wait for your weak point to be raised by your opponent advocate + then respond. Sometimes, pre-empt. Get in first + thereby blunt the attack from the other side before it comes. Which to do? It is a judgment call. It is a matter of experience and your sense of the best way to go. Both options work but it depends on circumstances. Get it wrong and your case is harmed. My preference is to pre-empt – be strong, be brave. And it gives you the opportunity to control the agenda. But think it through.

Any thoughts – Contact Me 

Episode

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