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Drafting the Claim Memorial in International Construction Arbitration

Fall 2014

International Law Quarterly

A claim memorial is a detailed presentation of the facts and evidence that support a party's claims and defenses in arbitration. Although somewhat akin to a motion for summary judgment in U.S. civil litigation (in that they both provide and argue on the basis of evidence), claim memorials in international construction arbitrations are not submitted to achieve a summary ruling. Instead, they are intended to provide the arbitration panel all facts and evidence upon which the parties rely in advance of the final hearing. Ideally, this will both educate the arbitrators and shorten the hearing.

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