6th ICC European Conference on International Arbitration

08.30-09.00

Registration and welcome coffee

09.00 – 09.10

Welcoming address, introduction and presentation of the mock case

09.10 – 10.10

Oral versus written advocacy: counsel and tribunal perspectives

• Defining the elements of “oral advocacy”: pleadings, witnesses, experts, demonstratives, other features
• Early assessment of the pros and cons of the elements of “oral advocacy”: the opportunities and the limitations depending on the initial presentation of the dispute
• Perspectives as claimant versus as respondent

• The interrelationship between the assessment and the selection of the tribunal members: party autonomy vs. tribunal direction
• The interrelationship between the assessment and the applicable law(s) including respecting burden of proof and burden of persuasion
• The assessment and the desired role for the tribunal: “inquisitorial” vs. “adversarial” vs. something in between

10.10 – 10.40

Q&A

10.40 – 10.55

Coffee break

10.55 – 11.40

Oral advocacy, party autonomy and the determination of the facts of the dispute: the opening statement at the hearing

• The hearing and oral opening statements: good practices, bad practices, best practices
• Orally pleading the case “through” prior written memorials: counsel perspectives, tribunal perspectives
• Opening statements and post-hearing briefs: the desired relationship
• Exhibits and visuals and their role in oral advocacy and decision-making

11.40 – 12.45

Case scenarios and Q&A

12.45 – 13.45

Lunch

13.45 – 14.15

Focus on cross-examination

• Effective preparation for cross examination
• Effective styles of cross-examination
• “Remember the dead horse”: knowing when to let go
• “Putting your case to the witness” versus character assassination
• Lay witnesses and expert witnesses

14.15 – 15.10

Case scenarios and Q&A

15.10 – 15.25

Coffee break

15.25 – 15.55

Oral advocacy at the main hearing

• Orally pleading the case “through” witness examination: counsel perspectives, tribunal perspectives
• Closing statements and post-hearing briefs: transcripts, recency and the new emphasis on speed in rendering the award

15.55 – 16.50

Case scenarios and Q&A

16.50 – 17.00

Concluding remarks