Year 2018

THEORY & PRACTICE: RELAXING THE TWO-PARTY / MULTI-PARTY DICHOTOMY THEORY & PRACTICE RELAXING THE TWO PARTY / MULTI-PARTY DICHOTOMY   Those who’ve been around the subrogation arbitration process know that the vast majority of cases Heard are two-party disputes; pretty straightforward Applicant vs. Respondent with maybe a Counterclaim involved.  This can lead to a somewhat … Continued

THEORY & PRACTICE: IS PROOF OF PAYMENT PROOF OF DAMAGES ? THEORY & PRACTICE IS PROOF OF PAYMENT PROOF OF DAMAGES  ?   Recently came across an Arbitration case that had in excess of 15 pieces of Evidence all titled Proof of Payment.  One of the things we’ve discussed in this Blog before is how … Continued

THEORY & PRACTICE: IS THERE TRUTH BEHIND YOUR WITNESS ? THEORY & PRACTICE IS THERE TRUTH BEHIND YOUR WITNESS ?   ‘The jury has requested a transcribed copy of the Witness’ testimony’.  A comment you’ve no doubt heard if you’ve followed a trial on the news or even watched Law & Order.  And while I … Continued

THEORY & PRACTICE: DOES STRATEGY MATTER IN ARBITRATION ? THEORY & PRACTICE DOES STRATEGY MATTER IN ARBITRATION ?   Discussing ‘strategy’ with Arbitration case presentation is often an intriguing topic for advocates.  What do we mean by ‘strategy’ ?  It’s really as basic as how or in what way can a party leverage the Rules … Continued

THE 300th EDITION OF ‘101’: ARBITRATION ADVOCACY IN 268 WORDS THE 300th EDITION OF ‘101’ ARBITRATION ADVOCACY IN 268 WORDS    Celebrating 300 issues of the Arbitration Blog with the most essential tips for advocates: Evidence Proves The Case  … an advocate strives to show the ‘Correctness’ of their position before the Arbitrator … There … Continued

THEORY & PRACTICE: IS WIN SOME / LOSE SOME REALLY OK ? THEORY & PRACTICE IS WIN SOME / LOSE SOME REALLY OK ?    I should Win every case I present because the narrative offered and the Evidence submitted will  prove the ‘correctness’ of my position !  Every Writer of Contentions for Arbitration cases … Continued

THEORY & PRACTICE: THE END GAME WAS A SCENE THEORY & PRACTICE THE END GAME WAS A SCENE    We know that Arbitrators truly endorse Demonstrative Proofs; some surveys say 87% of them believe it aids them in arriving at the appropriate Award.  So when it comes to Scene Diagrams; theory tells us absolutely an … Continued

THEORY & PRACTICE: DOES A THEME REALLY MATTER ? THEORY & PRACTICE DOES A THEME REALLY MATTER ?   If you’ve read this Blog for any time at all or picked up any book on Arbitration advocacy or even effective Trial practice … pretty much guaranteed you’ve seen the concept of Theme mentioned.  So when … Continued

MATERIAL DAMAGE ADVOCACY: THE FINAL WORD ON SUBROGATION ARBITRATION MATERIAL DAMAGE ADVOCACY THE FINAL WORD ON SUBROGATION ARBITRATION   Material Damage disputes in subrogation intercompany arbitration … a topic we kind of knew might take up the bulk of a year.  When we first started writing about it with our January 1, 2018 edition the … Continued

BACKWARDS TO YOUR DAMAGES: REGRESSIVE TO PROGRESSIVE BACKWARDS TO YOUR DAMAGES REGRESSIVE TO PROGRESSIVE   Most Arbitration advocates will ascribe to the fact that Topical Organization is the cornerstone by which parties draft their Contentions and present their case. We’ve discussed the primary importance of Issues, Elements and Turning Points many times before.  You will also … Continued