ICC Institute of World Business Law Advanced Training on Oral Advocacy

08:30 - 09:00

Registration

09:00 - 09:10

Welcoming address, introduction and presentation of the ICC Institute of World Business Law

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