Originally from The Art of Advocacy in International Arbitration - 2nd Edition

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I keep six honest serving men. (They taught me all I know); Their names are What and Why and When and How and Where and Who

Rudyard Kipling

There is only one opportunity to make a first impression. For advocates, this opportunity comes in the form of a written submission. While naturally there is a chance to address the court orally, it comes much later, and by that time the parties’ written submissions will have already set the stage of the dispute. The court’s approach to the hearing and to adjudication will be influenced by preliminary views formed in reviewing the memorials of the parties, the documentary and testimonial evidence, and the legal authorities tendered in support for their respective positions. Whether in the context of domestic litigation or international arbitration, the orientation, strength and permanence of these views will be determined by the focus, clarity and effectiveness of the advocate’s written argument.

Persuasion in the context of international arbitration presents additional challenges.[1] Arbitrators and counsel from different nationalities, cultural backgrounds and legal instruction converge in a single proceeding. A diversity of languages is frequently involved.