FACT OR FICTION: WHEN CIRCUMSTANCES DICTATE HOW AM I GOING TO DEFEAT YOUR ARB. Truth be told this is all …. CIRCUMSTANTIAL !! And there we have a kind of Evidence in intercompany arbitration upon which some or maybe most of your case is based. Evidence that I need to show is not causally connected … Continued
5 – ON – 5 CELEBRATING FIVE YEARS OF THE ARBITRATION BLOG Five years of writing on intercompany arbitration …. five things we’ve learned: 1.) Evidence matters ! Pretty obvious ? But the more you research; the more you look at actual cases and the more you consider Arbitrator decision-making rationale; the more you … Continued
STRIKING THAT EXPERTS BALANCE HOW AM I GOING TO DEFEAT YOUR ARB To quote George Constanza … ‘I want details and I want them now !’ And so it is with details relating to Data and Assumptions with Expert Reports inintercompany arbitration. Once again we work (a bit) within the confines of intercompany arbitration in … Continued
THE STATE OF OPINION HOW AM I GOING TO DEFEAT YOUR ARB. Appropriate credentialing of your Expert is critical if you are going to establish a foundation with the Arbiter for acceptance of his/her subsequentOpinion Evidence. As mentioned last week; my hope is you have not gone with the ‘Opinion First’ mantra and gone into … Continued
SCOPING OUT YOUR EXPERT HOW AM I GOING TO DEFEAT YOUR ARB. Having read in your Contentions and seen on your list of Declared Evidence the use of an Experts Report … I immediately start thinking about ‘Standards’ and things I hope you have not done. To be certain our analogy here is talking about … Continued