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Contract Negotiation Handbook: Getting the Most Out of Commercial Deals by Damian Ward

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Chapter 16

Preparing for battle — getting ready for the hearing

There are essentially eight stages in preparing a matter for determination, be it by court, an arbitrator or a tribunal.

The overarching principle is to ensure that every party has an opportunity to fully and completely put its case as it wishes. An ordered and structured preparation for hearing ensures to the fullest extent possible that there is no trial by ambush where a party presents to a counterparty at the end of the process a large amount of information that would have changed the counterparty’s view of the case or caused it to take other and different steps in its own interest.

The key is to ensure an orderly, rational and timely preparation of the case. This means that ...

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