Venue: Capital Club - DIFC - Gate Village 03

In this session we examine the impact of the new age of geoeconomics on contract performance and dispute resolution.

Disputes coming out of COVID and government lockdown are still going through the arbitration process. More recently there have been territorial invasions and conflicts with the related imposition of sanctions and counter-sanctions, the imposition of tariffs, inflation and the continuing problems of climate change.

Against this rapidly evolving backdrop companies need to re-appraise their risk appetite. The after effects will be felt for some time. The issues to be discussed include

• What are the “usual” commercial contractual provisions and other doctrines engaged – are they fit for purpose?
• Is this new era leading to greater scrutiny of and challenges to arbitrators?
• Are Parties choosing different seats? Should they?
• To what extent are sanctions having an effect on arbitration proceedings?
• What are the challenges for the Institutions and are they responding to them?
• How are the domestic Courts supporting arbitration –do anti-suit injunctions work?

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?