Originally from International Arbitration Checklists - 3rd Edition

Some lawyers may be tempted to conclude that the end of the hearing signals the end of the lawyer’s work in making his client’s case to the tribunal.  That would be a mistake.  The end of the hearing is when counsel must make critical decisions regarding the way everything that occurs after the hearing will best enhance the chances of success.  It is particularly important that counsel consider the final form and contents of the record (and the logistics of obtaining the record), as well as the schedule and sequence of post-hearing events and whether or not the parties should present post-hearing memoranda.  Arbitration offers parties excellent opportunities to define the way controversies are resolved; it is particularly important that at the end of the hearing and during the days immediately following counsel carefully pursue these opportunities.

Obtaining the Full Record

It is advisable that the parties make clear arrangements for obtaining final versions of the full record (which may include memoranda, transcribed testimony, evidence and other materials) at or before the end of the hearings.  Sometimes – particularly when the proceedings are held in a jurisdiction in which international arbitration is not yet common – the parties may have some difficulty obtaining transcripts of live testimony in the proper form and within the anticipated time frame.  It is therefore important that the parties have a clear understanding of what is to be delivered and when.  Similarly, the parties should have clearly provided, before the hearings are over, for how exhibits, reports, briefs and memoranda are to be incorporated in the record. 

The parties and the tribunal should also be clear by this time as to the official form for the record.  In particular, in cases in which more than one language comes into play, the language of the record (which may not necessarily be the language in which all of the proceedings were conducted) should have been established well in advance.