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Chapter Two - COUNSEL CAUSING INEFFICIENCIES IN THE ARBITRATION PROCEEDINGS - Counsel as Client’s First Enemy in Arbitration?

Page Count: 
54 pages
Media Description: 
1 PDF Download
Published: 
June, 2014
Jurisdictions: 
International
Practice Areas: 
Evidence,
Discovery,
Electronic Documents,
Advocacy

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Originally from: Counsel as Client's First Enemy in Arbitration?

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CHAPTER TWO—COUNSEL CAUSING INEFFICIENCIES IN THE ARBITRATION PROCEEDINGS

 
In this Chapter I will deal with situations where counsel’s
behaviors produce inefficiencies in the arbitration which damage
their clients in that they translate themselves into undue additional
time and cost of the proceedings. In addition, such behaviors may
lead to an adverse allocation by the arbitral tribunal of the costs of
the arbitration.
 
I will start expanding on a crucial subject, that of the
document production process, which is, in my opinion, when not
properly handled, one of the main causes of such inefficiencies
(Sections I and II). Then I will discuss obstructive or dilatory
tactics by counsel (Section III), as well as other improper conduct
by them (Section IV).
 
I. IMPROPER OR INEFFICIENT HANDLING BY
COUNSEL OF THE DOCUMENT PRODUCTION AND
REDFERN SCHEDULE PROCESSES
 
A. Assessing the need for document production in
arbitration
 
One of the main causes of inefficiencies in international
arbitrations is the improper or inefficient handling by counsel of
the document production process in general or of the Redfern
Schedule process, when the latter is contemplated. Users generally
lament and are frustrated with the way such process is
administered in international arbitrations.