ICC Arbitration & Amicable Dispute Resolution – Focus on India: July 16, 2011
Practical Tips for Conducting International Arbitration
Christopher Lau S.C.
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Techniques in managing the process of Arbitration Professor Doug Jones AM, APRAG Conference 2011, Kuala Lumpur
Promoting efficiency of the arbitral process:• Techniques for controlling time and costs in Arbitration• Expedited rules• One arbitrator or three
Limits on documents disclosure
Party appointed experts:• The IBA rules• The CIArb protocol for party appointed experts• Hot-Tubbing, Witness conferencing and the exchange of
early drafts• Best practice directions
Witness statements
Limited time procedures
To persuade the tribunal!
Objective?
image creator: Sura Nualpradid
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Socrates:
"[...] is not [to] teach juries and
other bodies about right or wrong –
[the orator] merely persuades them"
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Party Autonomy
Communication with the Tribunal
Mind the gap!
CONSIDERATIONS
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Party Autonomy
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FLEXIBILITY & BETTER CONTROL
PARTY AUTONOMY
Composition of Arbitral Tribunal
Applicable Law
Seat of Arbitratio
n
Procedure
Venue of Hearing
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PARTY AUTONOMY
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ARBITRATION LITIGATION
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Communication with the arbitral
tribunal
Arbitral TribunalYou
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COMMUNICATION
ClarityBrevityProbity & Integrity in the communication
Methodical & Effective organization of
the documents
Proper marshalling of the
evidence
Responsiveness &
Reasonableness
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COMMUNICATION
DIFFICULT
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ADDITIONAL DIFFICULTY
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Gestures
MIND THE GAP
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Talks Behaviour
BE CAREFUL
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MIND THE GAP
DIFFERENCES
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Legal System
A
Legal System
B
?DISCOVERY
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BRIDGING THE GAP
Firmness
Legal & Cultural
sensitivities
Patience 1
2 3
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BRIDGING THE GAP
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EFFECTIVE COMMUNICATION
"RAPPORT"
The Bandra–Worli Sea Link (BWSL) officially the Rajiv Gandhi Sea Link links Bandra and the western suburbs of Mumbai with Worli and central Mumbai.
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Thank you!
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