Join Reed Smith for a rare opportunity for in-house counsel to hear directly from seasoned arbitrators in the Middle East about the inner workings of tribunals. This session offers a behind-the-scenes look at what influences arbitral decision-making – beyond the legal arguments. With a focus on how in-house strategy, coordination, and communication shape the outcome of cases, the panel will shed light on the most common pitfalls and overlooked opportunities from the tribunal’s perspective.
Topics will include:
- Behind-the-scenes perspectives on advocacy and credibility:
- Arbitrators discuss what makes a party’s position persuasive, and how procedural conduct influences decision-making.
- What frustrates tribunals:
- Overly aggressive tactics by counsel
- Incoherent presentation of arguments, repetition, and excessive length of submissions
- Poor organisation of documents and evidence
- Underprepared or overly coached witnesses
- Inconsistent messaging or delayed decisions
- Failure to tailor submissions to the tribunal
- How to brief external counsel more effectively:
- What to prioritise internally before external instructions are issued
- How to handle weaknesses in the case
- How to present the case file coherently and strategically
- Managing privilege and document flow without chaos
- The panel discussion will be followed by a series of rapid-fire mini debates, each exploring both sides of key questions that often divide counsel and tribunals:
- Does aggressive advocacy help or hinder a party’s credibility?
- Can the testimony of fact witnesses meaningfully influence the tribunal’s final decision?
- Do dilatory or guerrilla tactics ever produce strategic advantages—or do they backfire?
