Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Many contracts, including those imposed on customers by many financial and healthcare organizations, require mandatory arbitration in the event of a dispute. Examples of the institutions include AAA (American Arbitration Association), ICC (International Chamber of Commerce), ICSID (International Centre for the Settlement of Investment Disputes) and LCIA (London Court of International Arbitration).

Legal Writing in Topic: Arbitration

This area of law requires a great deal of writing. Importantly, the goals of arbitration and other forms of alternative dispute resolution seeking speed and efficiency often require lawyers to act and react quickly, in writing. The ability to read and understand complex legal arguments while forming response arguments of your own is a key factor in arbitration. This area of law often operates with large, commercial or corporate clients, meaning a level of sophistication is expected. Additionally, various arbitration organizations provide differing rules, procedures, and substance. Expertise in these background issues may turn a case successful if utilized properly.

In addition to the writing required in an arbitration, a well-trained lawyer should have the ability to argue their case in front of an arbitral panel. This requires a lawyer to speak their arguments in a persuasive manner, and to have the English skills to understand and respond to opposing counsel’s arguments.Speed is a key element of arbitration, so a lawyer will rarely have time to seek second opinions or to work on translations.

Solving Drafting/Editing Problems:

  1. Organization – Arbitration may be designed for simplicity, but the practice itself is anything but simple. The ability to take multiple issues with multiple parties and multiple potential outcomes, making
    them clear, concise and well communicated is amongst the most important things for an attorney to consider. In addition, the need to respond quickly and accurately creates some new challenges.
  2. Vocabulary – Arbitration is similar to a traditional litigation setting, but comes with its own words and phrases. Much like the comparison between the common law and the civil law, simple vocabulary exercises can assist a young attorney working in arbitration.
  3. Correct Usage – With non-native speakers of English, some grammar and usage problems occur frequently when working in arbitration or other form of ADR. One of the main issues is the PAST, PRESENT, and FUTURE TENSES. Knowing when things occurred and what will occur is not so clear when we look at the use of the PRESENT PERFECT. Make sure to review your tenses, and to consider key aspects of PASSIVE/ACTIVE VOICE, VERB PARTICLES, PUNCTUATION and ARTICLE USAGE.

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