We started the day with a tour of the University of Vienna. After
our tour, we had the opportunity to sit in on a lecture given by Mag. Kopecky on
alternate dispute resolution. He is a specialist in international law and
dispute resolution. Mag. Kopecky is a
lawyer with Schoenherr Attorneys. During this lecture we discussed some of the
practical details of alternate dispute resolution. The information he shared with included requirement of
evidence, client and resource management, advocacy and decision enforcement.
The methods used for proving claims to be factual is witness
statements and expert testimonial. We found the use of these strategies
surprising in the context of arbitration. When both parties are engaged in
arbitration, one of the first steps is the discovery. The purpose of discovery
is to compare each parties’ written claims against each other. Mag. Kopecky gave some valuable insight about how to deal
with difficult clients. The first thing that should be done is identify who is
making the decisions, then understand what they want. Once this is done, he
suggested sitting the client down and establishing what his expectations are
for the case. Resource management is important part of advocacy because it
gives the client a clear understanding of what will be involved in each step of
the arbitration process. The attorney must also know what will be required so
that they can plan accordingly. One thing that we found surprising is how arbitrational
decision cannot be enforced within certain nations, the example he gave was
Russia. In Russia there is deep rooted corruption within the government which
makes the enforcement of arbitrational decision difficult to enforce. We
thoroughly enjoyed Mag. Kopecky's lecture because it gave practical information
on international private law and alternative dispute resolution.
- Ashton and James
-
Ashton and James
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