ICC Institute of World Business Law Advanced Training on Oral Advocacy

03 Sep 2024

Jakarta English
Start: 08:30 (WIB) | End: 17:00 (WIB)

Mark your calendars for the inaugural ICC Institute of World Business Law Advanced Training on Oral Advocacy, taking place on the 3rd of September 2024.

Who should attend?

  • Practising lawyers 
  • Arbitrators
  • Corporate counsel 
  • Academic 
  • Professionals interested in and/or involved in international arbitration.

This training is organised on the sidelines of the 6th ICC Indonesia Arbitration Day that is scheduled on 4th of September 2024. If you are interested in participating in the conference, make sure you have registered. 

(GMT +7)

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

 

Daisy Mallett

Independent Arbitrator & Litigation and Dispute Consultant, Mallett Services Pty Ltd, Sydney

Minn Naing Oo

Managing Director, Allen & Gledhill (Myanmar) & Partner, Allen & Gledhill, Singapore; Member, ICC International Court of Arbitration; Member, ICC Institute of World Business Law

Siraj Omar SC

Managing Director, Dispute Resolution, Drew & Napier, Singapore; Member, ICC Institute of World Business Law

Tan Chuan Thye SC

Partner, Rajah & Tann LLP, Singapore; Council Member, Chair, ICC Institute of World Business Law; Director, Chartered Institute of Arbitrators (Singapore chapter)

Venue

Hotel Mulia Senayan

Jl. Asia Afrika Senayan Jakarta 10270, Indonesia

Payment Payments shall be made in Indonesian Rupiah (IDR) to the ICC Indonesia account, following the invoice that you will receive upon registration.
Registration

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First name, Name

Title

Email

Irene Mira

Deputy Director, Arbitration & ADR, South Asia, ICC Dispute Resolution Services

Irene.MIRA@iccwbo.org

Shofa Fathyamala

Project Officer, Education & Training, ICC Dispute Resolution Services

Shofa.FATHYAMALA@iccwbo.org

 

Organiser