Act II - The Merits Hearing: Presenting Your Case - WAMR 2011 Vol. 5, No. 4
Wendy Miles has been a partner in Wilmer Hale's Litigation/Controversy Department since 2005
Originally from World Arbitration And Mediation Review (WAMR)
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ACT II – THE MERITS HEARING:
PRESENTING YOUR CASE
INTRODUCTION TO ACT II
Wendy J. Miles, Workshop Co-Chair
Welcome in Act II to the substantive hearing, with music. We
are here before the tribunal. You will see in Act II that we have a
completely new cast from Act I. First, we now have our tribunal
here. We are in the hearing. And if I may introduce our tribunal,
those of you who attended last year will know our three
distinguished members of the tribunal from the first year in this
three-year program. Judith Gill is our Chair in the center, partner
at Allen & Overy in London, Teresa Giovannini is TorGas’ party
appointed arbitrator, partner at LaLive in Geneva, and to the right
is Mark Kantor, arbitrator and mediator from here in the U.S., D.C.,
and he is Drill-BD’s party appointed arbitrator.
Now regarding the tribunal, let me echo Guido’s disclaimer
from this morning. These are very experienced, very good, and
very distinguished tribunal members in real life. In this room,
they are playing roles, they are acting. We have put words in their
mouths. They are not their own words and they certainly do not
reflect their own views and practice. In the discussion at the end
of the scene, you will hear their real views.
And secondly, you will see we have an entirely new arbitration
cast as well. Counsel from both sides are all new players. I really
sincerely hope that does not reflect any of your experience in real
life. For our purposes it gives you an opportunity and the benefit
of hearing from as many experts as possible, and in particular in
the discussion at the end of the scene. So let me introduce our
players on the counsel’s side for Drill-BD. Over on the far left, we
have John Fellas, from Hughes Hubbard who is Drill-BD’s
arbitration counsel, Eric Liebeler from Siemens in D.C., is next to
John, and Eric is in-house counsel for Drill-BD, and Jennifer Smith
from Baker Botts in Houston is local counsel for Drill-BD. On the
right hand side, I have Klaus Reichert from Brick Court Chambers
and Klaus is based in London and in Dublin. He is arbitration
counsel for TorGas. Next to Klaus is Alexis Mourre, and Alexis is a
partner at Castaldi Mourre in Paris and he is in-house counsel for