Panellists at a recent event in Moscow, organised by ICDR Young and International, considered the role of advocacy in international arbitration and what Noradèle Radjai of Lalive in Geneva termed the “the four Ps of cross-examination”: purpose, plan, preparation and performance”. Participant Fredrik Ringquist of Mannheimer Swartling in Moscow reports.
In a keynote address, Ivan Marisin of Quinn Emanuel Urquhart & Sullivan in Moscow, considered whether counsel should seek to be persuasive in arguing a case or whether it is preferable to present a case in a neutral manner.
Erring on the side of persuasiveness, Marisin moved on to discuss ethical rules and other boundaries to consider when presenting a case to the tribunal, drawing on his personal experience and providing practical advice on how to persuade effectively.
The panel, chaired by Kristoffer Löf of Mannheimer Swartling in Stockholm, then considered best practices for advocacy at different stages of the arbitration.
Oleh Beketov of AstapovLawyers in Moscow focused on best practices in written advocacy, and in particular, techniques to be used in the preparation of submissions and witness statements. He highlighted the importance of obtaining the key facts, through document review and witness interviews, and in setting out the submissions or written statements in a clear and logical way, which is easy to follow. For submissions, the relevant law must also be explained and then applied to the salient facts, he said.
Full version of the article can be reached here.
The original material is at the GAR website.