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Introduction to Research

Introduction to Research. Research Process. Rule Supporting evidence and evidence which explains your position Cases Persuasive authority Policy supporting your position. Persuasive Authority. What is persuasive authority? Examples of persuasive authority: Legislative History

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Introduction to Research

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  1. Introduction to Research

  2. Research Process • Rule • Supporting evidence and evidence which explains your position • Cases • Persuasive authority • Policy supporting your position

  3. Persuasive Authority • What is persuasive authority? • Examples of persuasive authority: • Legislative History • Other International Arbitral Institutions • AAA • LCIA • Arbitral cases • From ICC • From other international arbitral institutional • Authors • Well known commentaries, Journal Articles

  4. Helpful Resources • Books • Redfern and Hunter on International Arbitration, 5th Edition, by Alan Redfern and Martin Hunter (2009) • Procedural Law in International Arbitration, by Petrochilos Georgios (2004) • Comparative International Commercial Arbitration, by Julian D.M. Lew (2003) • International Commercial Arbitration, Volume I & II, by Gary Born (2014) • International Commercial Arbitration Commentary and Materials, 2d Edition, Gary Born (2001)

  5. Online Databases and Resources • CISG Database • http://www.cisg.law.pace.edu/ • Case Law on UNCITRAL Texts (CLOUT) • http://www.uncitral.org/uncitral/en/case_law.html • Has decisions and awards from: • CISG (most helpful) • Model Law on International Commercial Arbitration (1985) • New York Convention

  6. Procedural Resources • Books are best starting point • Born, Redfern & Hunter, Margret Moses • Trans-Lex (hosted by University of Cologne) • http://www.trans-lex.org/principles/

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