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21 Technical Expertise of Advocates and Arbitrators in International Technology Arbitrations: Benefit or Burden?

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Chapter Summary

A little learning is certainly a dangerous thing. However, for advocates and arbitrators in international technology arbitrations, is a lot of technical expertise necessarily a benefit, or can it be a burden? This chapter discusses that pre-existing technical expertise can be a benefit, but it can also be a burden, for both advocates and arbitrators, and that high quality international technology arbitrations can be conducted whether or not the advocates and arbitrators have such technical expertise. It relies on several premises: 1) that almost any fact issue can be understood by intelligent, diligent advocates and arbitrators; 2) that every dispute being arbitrated has a limited number of factual issues that need to be decided; and 3) that high quality international technology arbitration is, among other things, both transparent and efficient.

Keywords: advocates; arbitrators; international technology arbitrations; technical expertise



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