Resources

Judgment: Republic of Mozambique (acting through its Attorney General) (Appellant) v Privinvest Shipbuilding SAL (Holding) and others (Respondents). Judgment given on 20 September 2023. Heard on 24 and 25 January 2023

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Arbitration

June 17, 2022

Arbitration Template: Scott Schedule

Scott schedules are common in construction arbitration. They are also deployed in construction litigation. They enable the parties to identify the key issues between them and to identify the documents that are relevant to those issues. They can help simplify often highly factually complex disputes.

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June 17, 2022

Arbitration Template: Redfern Schedule

Redfern schedules are ubiquitous in international arbitration. Similar to tailored discovery in commercial litigation, they enable the parties to seek defined and narrow categories of documents that are relevant to the dispute and material to its outcome. Redfern schedules have proven to be effective and cost-saving devices and can also be deployed in domestic arbitration.

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Arbitration

June 17, 2022

Arbitration Template: Preliminary Conference Checklist

This template provides a helpful starting point for the types of issues a party should be considering before the first procedural conference with the arbitral tribunal.

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Arbitration

June 17, 2022

Arbitration Template: PO1 and Timetable

The Tribunal’s first procedural order and timetable should be a carefully crafted document, ensuring that the parties have identified a procedure that is fit for their dispute. This template provides a starting point for the issues the parties may wish to consider, including the scope of document production and the manner in which witness evidence is adduced.

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Arbitration

June 17, 2022

Arbitration Template: Memorial

A memorial-style submission is a more detailed pleading, accompanied by a party’s full evidence (fact and expert) and legal case. Memorials have proven to be effective in international arbitration. They front load the work thereby enabling parties to understand much earlier on in a proceeding where the respective strengths and weaknesses may lie. They can also encourage early settlement.

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Arbitration

June 17, 2022

Arbitration Template: Hearing Schedule

In the international arbitration arena, hearing schedules have become part and parcel of good practice and time management at hearings. There is no reason why they should not be used more often in domestic arbitrations. This schedule adopts the so-called “chess clock” method of time allocation and enables the parties to sketch out their agreed structure for the hearing. Hearing schedules save time by encouraging discipline on each side.

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Arbitration

June 17, 2022

Arbitration Template: Appointment Agreement

If the arbitration is not an institutional arbitration (e.g. under the NZDRC or other rules), the parties’ appointment of the arbitrator is a key document. This template provides an example agreement as a starting point.

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Arbitration

June 17, 2022

Arbitration Template : Agreed List of Issues

An agreed list of issues can be compiled at any stage in an arbitration. Many arbitrators encourage the parties to seek such agreement in order to narrow the issues in dispute and in order to focus the hearing. This can also be used after a hearing to assist the arbitrator in writing its award.

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Arbitration

June 17, 2022

Designing an Arbitration that is Fit for Purpose

This presentation was for the AMINZ 2019 conference. Drawing on the presenters’ experience as both arbitrators and counsel, it provides tips for running arbitrations more effectively. The presentation is supported by eight templates (see separate resources), relevant to each stage of an arbitration

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June 17, 2022

Thinking Clearly

This handout was for a Bankside Chambers workshop discussing common thinking errors, as shown in the “Cognitive Bias Codex”. Five of them were selected to discuss in more detail, along with practical suggestions on how to mitigate their effects.

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Insolvency law

June 17, 2022

Insolvency Specialists

A complete list of insolvency specialists at Bankside Chambers

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Civil and commercial litigation and dispute resolution

June 17, 2022

Electronic Discovery

These slides are from a Bankside Chambers session discussing e-discovery. The focus was how to use technology to be more effective and efficient, including the how to take advantage of recent developments in TAR 2.0 and advanced analytics.

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