Parties often put a lot of effort into deploying a range of procedural tactics in order to obtain a strategic advantage in arbitration proceedings. This session will explore the pros and cons of such tactical measures, and whether they ultimately achieve the intended outcome or whether they have adverse consequences.

 

We will explore these issues by looking at various commonly used procedural measures comparing how counsel and Tribunal members perceive them and how they may influence the proceedings. Some of the issues to be discussed in this session shall include:

• Anti-suit injunctions and their treatment in different jurisdictions;

• Document Production and requests for adverse inferences;

• Calling or not calling witnesses and experts for cross-examination; and

• Cultural differences when deploying and assessing procedural tactics.

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This is a virtual event with speakers attending from London, Singapore, Hong Kong, Cologne, and Seoul.