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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[image creator: chrisroll]

Party Autonomy

Communication with the Tribunal

Mind the gap!

CONSIDERATIONS

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Party Autonomy

Creator of the image Simon Howden

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FLEXIBILITY & BETTER CONTROL

PARTY AUTONOMY

Composition of Arbitral Tribunal

Applicable Law

Seat of Arbitratio

n

Procedure

Venue of Hearing

Creator of the image: graur razvan ionut

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PARTY AUTONOMY

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ARBITRATION LITIGATION

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Creator of the images: sixninepixels, Sarah C.

Communication with the arbitral

tribunal

Arbitral TribunalYou

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Creator of the image: Rawich

COMMUNICATION

Clarity

Brevity

Probity & Integrity in the communication

Methodical & Effective organization of

the documents

Proper marshalling of the

evidence

Responsiveness &

Reasonableness

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COMMUNICATION

DIFFICULT

Creator of images: Ambro, Stuart Miles, Arvind Balaraman

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

Creator of images: jscreationzs, scottchan, ambro

Legal System

A

Legal System

B

?DISCOVERY

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BRIDGING THE GAP

Firmness

Legal & Cultural

sensitivities

Patience 1

2 3

Creator of the image:xedos4

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BRIDGING THE GAP

Creator of the image: amit kulkarni

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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