Arbitration Proceedings by Prisya Nair

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ARBITRATION

PROCEEDINGS
MMU SIG MOOT WORKSHOP
2021/2022

MMU SIG WORKSHOP 2021/2022


By Prisya Radha Nair
 FORMALITIES
 PRINCIPLES
 LAWS AND REGULATIONS
 PERSUASIVENESS

KEY TAKEAWAYS
Formalities GREETINGS

QUESTIONS

INTRODUCTIONS
SPEECH

AUTHORITIES
GREETINGS Good Morning Panel of Arbitrators, my name is Prisya Radha Nair,
Lead Counsel for the Claimants. With me is my Co-Counsel Reyna
Lim Khang Yen. My learned friends John Julian and Harinder Singh
are Lead and Co-Counsels respectively for the Respondents. We
will be allocating 18 minutes each for our submissions and 4
minutes for rebuttals. I will be addressing Issues 1 and 2 and my
co-counsel Issues 3 and 4 respectively. If there are no preliminary
questions, would the panel require a brief summary of facts?

No  Thank you Members of Tribunal. I shall now proceed to my


 Address the panel submission.
 Introduce
 Yourself
 Your teammate(s)
 Your opponents
 Allocation of time
 Issues addressed
 Summary of facts(?)
 Permission to proceed
E.g.: -
INTROS Jurisdiction, Admissibility, Obligation and Investment – These are
the four corners of the dispute today.

OR

Arbitration is a creature of consent. And that Members of the


Tribunal is what we have to keep in mind in this dispute.

Your goal is to give the panel


a <KAPOW!> introduction
that:
 Indicates what the entire
dispute is about.
 Sets the tone for the
proceedings
 Makes a good impression
 When you’re acknowledging the question.
QUESTIONS
I understand your concern. Thank you for your question. FO

 When you need a moment.


May I have a moment to consult my notes/co-counsel.
May I have a moment to compose myself.

 When you don’t have an answer.


Apologies Mr Arbitrator I am unable to assist you on this matter.
Apologies Mdm Arbitrator I stand corrected.

 Referring the tribunal


If I may refer Mr. Arbitrator to the Statement of Facts, Page 8
Paragraph 22, Line 4.  Read out the particular line if necessary.
QUESTIONS
Never answer a question with a case law.

Never answer with just a Yes/No.

Avoid rambling

Have alternative arguments


AUTHORITIES

 Order of citation
 Year  Jurisdiction  Avenue  Case Name
 Name of Arbitrator or Judge
 Subsection (ii), Section 2 of The Contracts Act 1950
 Avoid cases that: -
 Have been overturned
 Conflict with the choice of law chosen for the dispute
 Capitalize on
 Commentaries i.e. ICSID Commentary, CISG Commentary
 Journals
 Research heavily on
 Rationale behind rules/principles
CONCLUDE

 “If I am of no further assistance to the honourable tribunal, I


will now conclude the claimant/respondent’s submission
with the Prayer of Relief.”

 Prayer of Relief “For the foregoing reasons, the Respondent


respectfully prays that the Arbitration Tribunal declare that:
……”
PRESENTATION

 Clarity
 Pace
 Composure
 Pronunciation
 Smile
 Posture/appearance
 Eye contact
 No reading from script
REMEMBER

 Parties have agreed to come here to


resolve the issue.
 Arbitrators are interested in persuasive
authority
 The goal is to find an effective resolution
placing liability but benefitting both parties.
The End of our session

But the beginning of your


journey

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