NOVELTY

USEFULNESS
REAL LEGAL ISSUE

Parts of a Thesis Statement

1. Contextualization
 Set the situation where it occurs
 Example: in international investment arbitration, corruption in the procurement of investment
contracts does not have a set standard to be able to decided if the contracts should be void or not
 Set up for problem
2. Stating the problem or effect
 Problem is this: ….
3. Stating the path to resolution
 You're not giving the recommendation in the TS
 This is the approach I want to take in resolving this
 Example: hence, the author will look at the relevant laws, treaties, etc.
 Take the reader down to the path of your thinking to discern whether or not corruption can be
used as a defense against international claim of said investment contract was noted
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Audio recording started: 9:55 AM Saturday, 2 February 2019

Commercial Law
o Corporation law
 Corporation code
 Fictional entity in order to know what specific group of people will eventually be made
liable.
o Commercial contract law
 traverses civil law
 Sales, partnership, civil contract that involve monetary considerations
o Banking law
o Negotiable instruments
o Insurance
o Transportation

Civil Law
o Persons and Family Relations
o Obligations and contracts
o Property
 A lot of interesting provisions
 Accretion, accession
o Commercial contract law/ special contracts
o Private international law/conflicts of law
o Agency
 Obligation between agent and principal
 What an agent can do for a principal
o Trusts
 o Credit transactions
 Loan
 Deposit
 Quasi-contracts
 Guarantess
 Mortgage
 Succession
 Torts & damages
o Labor law
 Labor code
 Dole
 Nlrc
 Labor instruments
o Legal ethics
o Roman law
o Natural law
o Positivism
o Originalism
Legal writing Persuasive legal writing

Continual developing thing

Adjusting to writing style, envi, audience
To form specific aspect of normal legal writing to
persuasive legal writing

Present fact, law, Know more through mainstream media

recommendation Opposite counsel trying to argue the opposite
point
You have to make it a point that yours is more
convincing so the judge accepts yours over the
opposing council

Form - IRAC (ISSUE, REASON, Hyperbole

ANALYSIS, CONCLUSION)
*SIRAC (SYNOPSIS, ISSUE,
REASON, ANALYSIS
CONCLUSION
 Exaggeration
 "Invalid or erroneous or violative"
 "Allege fraudulent, arbitrary, in bad faith"
 Emotional response and connection with the
decisionmaker
 Sparingly
 More effective when you are the
complainant

CONCISE/BRIEF Simile/ parallelism

 Different legal standard/ quantum of
evidence
o Gulit beyond reasonable doubt
o Strong evidence
o Preponderance
 o substantial evidence
 Not as technical as precedent but it still
convincing
 To aid established principles or to have an
argument

Avoid legalese Analogy

 Relatively similar field
 Substantially similar facts
 Gap in law or rules

Authority and precedent Foreshadowing

 Application of prior laws
 Set up the rule or doctrine or principle
o Follow with: A violated as will later
discussed below
 Frame mindset of the judge
 A is in delay in the re of obligations

Thesis abstract - synopsis of thesis without citations and detailed discussions, including methodology,
without specific recommendations
 Valid thesis topic
o Novel
o Real legal issue
o Relevant and material
 Preliminary sources/ research
o Promising to not just pure opinions/speculations/conjecture
o Lead to other sources for validation or confirmation
o Involve authority and expertise
o acknowledge limitations

PRACTICAL TIPS
1. READ GOOD WRITERS
a. Original cases but not all
i. Justice Florentino Feliciano
 ii. Justice Antonio Carpio/ C.J. Artemio Panganiban
iii. Justice Isagani Cruz

b. Not good
i. Regalado
ii. C.J Renato Puno & Justice Mendoza
2. Read good fiction
a. Murakami
b. 100 years of solitude
3. Write poetry
4. Use active voice
 Know the facts
o Questions:
 Is the case strong?
 Know what the clients want

Hierarchy of laws
 Constitution re: family

Typical memorandum
1. Prefatory
2. Nature of the case
3. statement of proceedings
o What happened
o Hearing
o Formal offer
o Chronological order of events
4. Statement of facts
o Necessary for the case
5. Discussion
6. Prayer

Underlying intent of cohesion is the work appear written by one person

Writing style might change in the course of writing a thesis
1. Consistency -
a. Word usage
b. Tone
c. Thought
2. "One Voice"
3. Paragraph Length Consistency
a. Visual
Atty. Jeffrey Constantino

Ian Rey T. Malilung

ADR and Arbitration
 Everything arises from conflict
 CONFLICT RESOLUTION
 Trial by combat or Litigation Alternative modes of dispute resolution (RA
toss coin 876 promulgated 1953)

 Mediation
 Early neutral evaluation
 Mediation-arbitration
 Mini-trial
 arbitration
What disputes are not resolved by ADR?
 Labor disputes
 Civil status of persons
 Validity of marriage
 Any ground for legal separation
 Jurisdiction of courts
 Future legitime
 Crim liability
ADR Forms
Mediation
 Voluntary
 Presence of party as facilitator
 Voluntary agreement
Early Neutral Evaluation
 Voluntary
 Presence of third party
 Non-binding assessment
Mini-trial
 Voluntary
 Presence of senior decision makers
 W or wo presence of neutral person
 Negotiated settlement
Arbitration
 Voluntrary
 Presence of neutral third party
 Award
 Defining characteristics: consent, non-governmental decision makers, a final and binding award
Career in Arbitration
Why arbitration?
 Wave of the future
 Expeditious disposition of cases
 Relatively inexpensive mode of dispute resolution
 Availability of technical arbitrators
 Based on agreement of parties
 Enforceability of awards in other jurisdictions

Why a career in arbitration

- prestigious international practice
 Fast-paced high stakes litigation
  Complex interdisciplinary practice
 Multi-faceted opportunities for career development
 Opportunities for travel
 Vibrant global community
What are my career options in Arbitration?
 Advocate or party representative
o Legal counsel
o Participate all phases of an arbitration
 Notice/statement of claim/defense
 Case build up
 Discovery
 Deliver oral argument
 Present witnesses
 Submit closing submissions
 Arbitrator
o Party-appointed judges that adjudicate the arbitrable controversy
o Accredited by an
 Tribunal secretary
 Arbitration centre counsel
 Case managers/registrars
 Expert witnesses
 rules of evidence
 Know different rules
 Same principle, same general style

What are the legal regimes that govern it?

 Would you as a private investor invest in the country?
o Protections
o Ease of doing business
 Corporation code
 Omnibus investments code
 Foreign investments act
 Ra 6957

Fair and equitable treatment

Investment treaty