Organisation and Presentation of Documents to the Tribunal - Chapter 11 - The Art of Advocacy in International Arbitration - 2nd Edition
Stephen Jagusch is a Partner of Allen & Overy, LLP specializing in international commercial and investment treaty arbitration having acted as adviser and advocate in dozens of ad hoc and institutional international arbitrations, conducted in many countries over the world, and subject to a wide variety of governing substantive and procedural laws.
Originally from The Art of Advocacy in International Arbitration - 2nd Edition
The practice of international arbitration would be dull indeed if there existed a single form of effective advocacy. Most cases can be presented effectively and persuasively by entirely difference approaches. Add to this that different arbitrators will be persuaded by different presentations and in relation to different aspects of a single case, and one quickly comprehends why advocates in international arbitration find their work so stimulating. The international element – in particular foreign arbitrators and advocates – creates an environment most unlike routine national court cases. Only rarely do two international arbitrations, even if involving similar facts and law, have the same look and feel. Although advocates share the common goal of doing the best for their client there is no one-size-fits-all to the approach of the advocate at any stage of the arbitration process. There is no uniform method of commencing proceedings, developing and proving arguments, identifying and discharging burdens of proof or organising and presenting documentary, witness and other evidence. At every stage there is tremendous scope for an impact on the arbitrators and the opposition, and hence tremendous scope for advocacy. The role of the advocate in international arbitration is, therefore, about so much more than what is merely written and said. It is about all aspects of the proceedings. This includes the manner in which counsel organise and present to the arbitrators large quantities of documents – the subject of this chapter.