Supported by the Russian Arbitration Association (RAA) the Thirteenth Annual Leading Arbitrators’ Symposium on the Conduct of International Arbitration, organized by Juris Conferences LLC was held on 10th April 2017 at the Grand Hotel Wien, Vienna, Austria.
Topics discussed included:
Initial Organization of the Arbitral Proceeding and Pre-Hearing Activities
Effective Presentation of Evidence – Including Witness Statements and Cross-Examination
Ethics and Counsel Behavior
Tribunal Deliberations and Dynamics
All sessions were held in form of an open discussion, with the active participation of the audience. Several burning questions were raised during the working sessions, among which were:
Are there too many witnesses, too many documents – is advocacy lost among the detail?
Is witness conferencing effective? Is this only for experts? Are there particular circumstances when it is most appropriate? Inappropriate?
Applicable ethical codes, for arbitrators and attorneys – why are the IBA Guidelines on Party Representation less popular than other IBA arbitration “soft law”?
Do attorneys’ request for discovery have ulterior motives, e.g. to get access to business secrets, marketing methods, know-how or other information useful to his client but not necessary for the case?
Compromises – how imperfect is a unanimous award? Should the tribunal accommodate the potential dissenting arbitrator? If so, how? For example, with respect to the award of legal fees? What does the dissent accomplish?
An extremely successful event, the conference brought together leaders in arbitration – lawyers, arbitrators, members of the academic community, among others.
RAA Press Centre