The session will provide a practical and in-depth overview of the arbitration journey, from the emergence of a commercial dispute to the final award, focusing on the decisions and actions that can significantly influence the course of a case.
The first part will focus on what companies should do when a commercial disagreement begins to develop into a potential arbitration. It will explore how correspondence and contractual notices should be managed, when evidence should be preserved, how potential witnesses and experts should be identified, and why an early and realistic assessment of claims, counterclaims, strengths and weaknesses can make a significant difference before arbitration even begins.
The second part will consider how arbitrators, in-house counsel, party representatives and external counsel can each contribute to a more effective arbitration process. It will explore what tribunals can do to actively manage the proceedings, and how the parties and their legal teams can help keep the case focused, avoid unnecessary procedural complexity, control time and cost, and move the arbitration efficiently towards the final award, while fully protecting due process and each party’s right to present its case.
