Pre-Hearing Advocacy in International Arbitration - Chapter 13 - The Art of Advocacy in International Arbitration - 2nd Edition
Lucy Reed is Co-Head of the Global International Arbitration group of Freshfields Bruckhaus Deringer LLP. Lucy acts as advocate for private and public clients and sits as arbitrator in international arbitrations under the major institutional and ad hoc rules.
Alexander Yanos is a Partner at Freshfields Bruckhaus Deringer LLP.
Originally from The Art of Advocacy in International Arbitration - 2nd Edition
What are the hallmarks of exceptional advocacy during the critical pre-hearing stage in an international commercial arbitration? This chapter describes advocacy practices aimed at winning the trust of the tribunal, building an optimal case, and protecting the client’s interests – from the filing of the request for arbitration right through to the pre-hearing conference. To give away the ending: at each and every pre-hearing phase, the arbitral tribunal should perceive the advocate as confident (but not over-confident), thoroughly versed in the relevant facts and applicable law, master of a consistent case strategy, attuned to the client and its interests, reasonable, trustworthy and helpful.
The Pre-hearing Process: Broadly speaking, this chapter discusses ways in which an advocate can attempt to further his or her client’s interests in seven main procedural phases of the pre-hearing process: (i) initiation of the arbitration; (ii) selection of the arbitral tribunal; (iii) preliminary sessions; (iv) interim measures; (v) document exchange; (vi) written pleadings; and (vii) pre-hearing conferences. Each phase represents an important opportunity to further the client’s interests and counter the opposing counsel’s efforts to do the same for his or her client.