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Past Event

Managing Discovery in Complex Construction Arbitration

Thu. January 30, 2020
08:00 am - 10:30 am

!European American Chamber of Commerce New York
New York, NY 10018

Discovery can be one of the more painful parts of any alternative dispute-resolution process.  Perceived as both time consuming and expensive, parties routinely look for ways to limit discovery and manage the process as efficiently as possible. 

This panel will explore ways that parties can achieve this objective in the context of complex construction disputes.  It will explore the differing principles guiding US domestic arbitration and international arbitration and examine how those principles shape the discovery processes.  In addition, the panel will look at various ways that parties can draft their construction contracts to more effectively manage the discovery process in the event a dispute arises. 

In particular, the panel will explore:
● Fundamental differences between US discovery and discovery in international arbitration
● What discovery is really needed in constriction disputes
● The role that local laws, arbitral institutions, and arbitrators play in shaping the scope of discovery
● How to control Third-Party Discovery
● Key contractual provisions that can be used to control discovery
● Practical strategies for controlling discovery once a dispute arises 

Ira Schulman, Partner, PEPPER HAMILTON
Chris Ryan, Partner, International Arbitration practice, SHEARMAN & STERLING
Paul Ficca, Senior Managing Director & Global Segment Leader for the Forensic & Litigation Consulting practice, FTI CONSULTING
Ximena Herrera-Bernal, Partner, SHEARMAN & STERLING [MODERATOR]

8:00 AM - 8:30 AM - Check in/Networking
8:30 AM - 10:00 AM - Program
10:00 AM - 10:30 AM - Networking

EACCNY Member: Free
Non- EACCNY Member: Free
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