Hearing on Quantum (Part 1) - Act III, Scene I - WAMR 2008 Vol. 2, No. 4
Claudia T. Salomon is co-chair of DLA Piper's International Arbitration practice and focuses her practice on complex international disputes.
Originally from World Arbitration And Mediation Review (WAMR)
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"DAMAGES IN INTERNATIONAL ARBITRATION:
STRATEGIES, TECHNIQUES & PRESENTATION"
INTRODUCTION TO ACT III
Claudia T. Salomon, Workshop Co-Chair
This is the moment for which everybody has been preparing: after
months of preparation, we are now actually at the hearing. In Scene I
of Act III, United’s expert will be examined. There will be a brief
direct by United’s counsel and then there will be cross-examination
by Paragonia’s counsel. There is going to be a variety of objections
and we will leave it for the audience and the Tribunal to decide
whether those objections are really effective. We are also going to ask
you to give us a little dramatic license because the Tribunal will do
some deliberations while on stage and, of course, it would do that
outside of the presence of counsel and expert witnesses. But in the
interest of time, we will not ask anyone to leave the stage. So please
use your imagination.
We have counsel for United, Philippe Pinsolle from Shearman &
Sterling and United’s Expert Rory Walck. Counsel for Paragonia is
Klaus Reichert. And we have a very, very distinguished Tribunal
today. Our Chair is Sally Harpole from Hong Kong, and we have
Bernard Hanotiau from Brussels, and Joe Neuhaus from New York.
Let the scene begin.
ACT III – HEARING ON QUANTUM
SCENE I – THE HEARING ON QUANTUM (PART 1)
SALLY HARPOLE: Mr. Pinsolle, are you prepared to give your
direct examination of the witness?
PHILIPPE PINSOLLE: Well, I am, Madam President. Thank you for
coming today, Mr. Walck. I am counsel for United and I will ask you
a few questions about your expert report that you submitted on behalf
of United in this matter. Then you will be cross-examined by
Paragonia’s counsel, Mr. Reichert. Do you have any questions before
we begin?
RORY WALCK: I have none, Mr. Pinsolle.