Construction SuperConference 2017

E09 The Ultimate Toolkit for Winning the International Construction Arbitration (Room Chopin 3)

This panel will highlight the differences in international construction arbitration versus traditional court litigation, and present critical tools necessary to win.

Topic 1: Constituting the Right Panel - Methods for constituting the panel in large construction arbitrations - Cultural considerations when choosing arbitrators (common law vs. civil law) -Determining how much industry expertise is needed - Strict construction of the contract vs. equitable considerations -Importance of credibility of party-appointed arbitrator -Influencing the selection of the chair

Topic 2: Proving your Case with Limited Discovery - Using limited discovery to your advantage - How to find the key documents in a limited universe

Topic 3: Identifying, Preparing, and Presenting your Witnesses - Presenting your case through witness statements - How to pick the right witnesses to prove your case - How to prepare effective witness statements

Topic 4: Crossing Without Depositions - How to cross-examine a witness without depositions - How this method can be advantageous - Crossing experts vs. crossing fact witnesses

Topic 5: Closing on Paper - How to effectively close your case without an oral closing argument Effectively using post-hearing briefs

Upon completion of this session, participants will be able to:

  • Understand how to leverage the benefits of arbitration in construction disputes.
  • Provide practical tips on presenting witnesses in construction arbitrations, including cross-examination without depositions.
  • Provide practical tips for constituting a favorable arbitration panel, including an understanding of the cultural differences between international arbitration and U.S.-style litigation.