MANAGEMENT TECHNIQUES IN INTERNATIONAL ARBITRATION
The objective of the seminar is to demonstrate to the participants that while there are differences in approach, the overriding priority to establish a process to lead to a resolution of the dispute which is binding and enforceable at the instance of the successful party is common in the strategies employed by parties and the tribunal alike.
A key feature in all the strategies is the management of the parties’ legal and cultural expectations which feed into their views of the both substantive and procedural issues in the arbitration.
The intention is to have an interactive discussion between Ms. Karen Gough and Mr. Joe-Han Ho, moderated by Mr. Vinayak Pradhan, sharing examples and lessons learned from the various stages of the arbitration process from the perspectives of party representatives and the tribunal. It is hoped that the audience will engage with the speakers and the moderator to promote a lively debate.
There are 6 broad themes for discussion. None are controversial per se, but as Mr. Joe-Han Ho and Ms. Karen Gough will demonstrate, even a seemingly “vanilla” process, if not managed effectively by the representatives and tribunal, has the capacity to disturb and even derail an international arbitration. What works, and what should be avoided?
The following aspects of the arbitration process will be considered:
- Appointment process: counsel choice/input into the process; arbitrator being approached, conflicts etc. What to do, and what definitely not to do!
- The first and subsequent procedural orders/directions for the conduct of the arbitration; meetings between the parties and the tribunal; establishing an agenda for the arbitration, settling an appropriate procedure.
- The “pleading out” process of the claims and defences, liability and quantum issues. Civil/common law approaches; contents of submissions and accompanying documents.
- Expert evidence, presentation orally and in writing. The regulation of meetings and reports from the experts by the tribunal and involvement of the parties.
- Hearing tactics: submissions, witnesses of fact, dealing with experts effectively. Providing real assistance to a tribunal.
- Oral/written submissions at the beginning and end of the hearing; the resulting Award.
Mr. Vinayak Pradhan, AIAC
- Ms. Karen Gough, 39 Essex Chambers
- Mr. Joe-Han Ho, 39 Essex Chambers
Admission is free with limited seats available. Register now at firstname.lastname@example.org.