Closing and Briefing

• Author: David A. Allgeyer
• Pages: 99-104

99

Closing and Briefing

Let’s assume it is getting toward the end of the arbitration. During

a break, the panel chair suggests that the parties decide whether

they want to have closings right after the evidence is over, after

briefing, or not at all. How do you decide what to recommend?

LESS COMPLEX CASES

In less complex arbitrations, it is common to simply have clos-

ing arguments right after the end of the testimony. This is the

most efficient way to approach the matter. After the arguments,

the arbitrator will announce the record is closed and the award

will be issued, typically, within thirty days. This saves time and

money. But it may not be the most effective way to proceed in a

patent arbitration.

SHOULD YOU WAIVE CLOSING?

Occasionally, parties may consider waiving final arguments. Be

careful. It is rare that counsel should forego the opportunity to

explain and clarify some factual, technical, or legal issue. And

it is almost always helpful to the arbitrator to have counsel put

the evidence in context at the end of the hearing. Importantly,

closing arguments also give the arbitrator or panel a chance

to ask questions to clarify issues. This gives counsel a chance

CHAPTER 15