‒ Limit use of complex and hard-to-pronounce words
‒ Maximum use of linking words ‒ Memorize facts, cases and
regulations‒ Be well-armed and well-organized
with all materials
Note: Take time to outline your oral submission!
ORAL SUBMISSION PREPARATION
Structure of the oral submission
Introduction
Statement of Facts
Main arguments
Closing
Who you are, whom you represent, brief your main points
Summary key contents of the case (Claimant)
Detailed explanation on most crucial points
Closing statement briefing what you want the Tribunal to rule
Brief introductionE.g.
My name is Nguyen Vu Quynh Trang. And it’s my honor to appear in front of
the Arbitral Tribunal today, pleading on behalf of X, the Claimant in this case.
With me today is my co-counsel/colleague Mr. Le Nguyen Duy Hau.
I will speak in the first 5 mins, addressing our 1st submission, regarding the
problem: ABC.
After that, my co-counsel/colleague Ms. Le Nguyen Duy Hau will speak in the
next 5 mins, addressing our 2nd submission about DEF.
Unless the Tribunal has any further questions, may I be allowed to proceed?
2Style, Poise and Demeanour
STYLE, POISE AND DEMEANOURDress smart!
STYLE, POISE AND DEMEANOURDress smart!
STYLE, POISE AND DEMEANOUR
‒ Do not read‒ Be aware of your body language‒ Avoid acts of distraction‒ Control your tone, volume and speed‒ Control your personal emotion‒ Limit reliance on others’ help‒ Pause and break
Mind your image: ACT RESPECTFULLY
STYLE, POISE AND DEMEANOUR
‒ Keep track of your time, respect your colleague’s attributed time.
‒ Keep calm‒ Ask for more time: “I see that my time
has expired. May I have your permission to conclude/further explain on this point?”
‒ If denied: “In such case, we hereby request the Tribunal to rule in favor of the [...] on these said matters.”
Mind your time: MOST CRUCIAL POINT COMES FIRST
3Responding to Questions
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Some types of questions‒ Factual questions‒ Legal questions ‒ Debating questions ‒ Humorous questions or observations‒ Irrelevant/Hypothetical questions‒ Hostile questions
RESPONDING TO QUESTIONS
Note: Anticipate beforehand as many questions as possible!
RESPONDING TO QUESTIONS
Prepare possible
questions and
answer
Wait until being asked
Incorporate questions inyour arguments
RESPONDING TO QUESTIONS
• Don’t stress• Be prepared to modify
your arguments• Know when to be quiet• Don’t postpone answer• Direct answer
Learn from your opponent’s answers!
RESPONDING TO QUESTIONS
‒ Try to understand questions first:• Signal your confusion by opening your answer with: e.g.
“Mr/Ms Arbitrator, if I understand your question correctly that X means Y…”
‒ Do ask for repetition• e.g. “May I ask your pardon please?”
‒ What to do:• In hot argument• In cold argument• If the Tribunal ignores you
Stay calm in any circumstances!
• Prepare clear notes and have your main points in mind
• Focus on two or three main points, not more• Annotate your outline as your opponent
speaks – be flexible• Strengthen your argument from what your
opponent and the Tribunal has exchanged• Don't spend your time nattering about your
