Originally from The Art of Advocacy in International Arbitration - 2nd Edition

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I.    Introduction

What are the hallmarks of exceptional advocacy during the critical pre-hearing stage in an international commercial arbitration? This chapter describes advocacy practices aimed at winning the trust of the tribunal, building an optimal case, and protecting the client’s interests – from the filing of the request for arbitration right through to the pre-hearing conference.  To give away the ending:  at each and every pre-hearing phase, the arbitral tribunal should perceive the advocate as confident (but not over-confident), thoroughly versed in the relevant facts and applicable law, master of a consistent case strategy, attuned to the client and its interests, reasonable, trustworthy and helpful.

The Pre-hearing Process: Broadly speaking, this chapter discusses ways in which an advocate can attempt to further his or her client’s interests in seven main procedural phases of the pre-hearing process: (i) initiation of the arbitration; (ii) selection of the arbitral tribunal; (iii) preliminary sessions; (iv) interim measures; (v) document exchange; (vi) written pleadings; and (vii) pre-hearing conferences.  Each phase represents an important opportunity to further the client’s interests and counter the opposing counsel’s efforts to do the same for his or her client.