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How to defend arbitration proceedings: Part 2

Securing the evidence, witnesses and key documents

Having an international arbitration claim land on your desk is one of the most challenging scenarios in-house counsel can face. It is vitally important to the business for in-house counsel to come to grips with the claim quickly and effectively coordinate the strategy and response on behalf of the company.

This series of brief guides will review some of the most pertinent points to consider when coordinating the defense to an international arbitration claim.

These core questions are: who, what, where, when and how?

  • Who in the company was dealing with the matter that gave rise to the dispute? Once this has been ascertained, the staff should be organized into a list outlining both their seniority and level of involvement, as this will help identify potential key witnesses.
  • What is the dispute about?
  • Where did the dispute happen? This could be important in terms of applicable law, which of the companies in the organizational network are involved and the extent of the corporate group’s exposure.
  • When was the contract performed and when did the dispute arise? This will be important in terms of who was working on the project, whether they are still employees now and if any legal limitation periods have passed.
  • How did the dispute come about?

Insurance—cover and notification

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Andy Moody

Andy Moody is a senior associate at Eversheds LLP, specializing in international arbitration, international litigation and international law.

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