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Young ICCA Skills Training Workshop

"Oral Advocacy in International Arbitration"

Post-Event Report by Samuel Bologna and Luísa Farfus (Associates at Lee Taube Gabardo Sociedade de Advogados)

On May 7th, 2018, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados hosted a Young ICCA Skills Training Workshop at their offices in Rio de Janeiro, organized under the leadership of Bruno Guandalini, Young ICCA Events Coordinator, and the supervision of Nhu-Hoang Tran Thang, Young ICCA Co-Chair.

The workshop, which focused on oral advocacy in international arbitration, provided the participants not only with a very prolific discussion amongst experienced practitioners from Latin America, Europe and the U.S.A., but also with a fabulous view of the sea and the Pão de Açúcar.

By way of introduction, Mr. Bruno Guandalini gave an overview of Young ICCA, explaining its structure and goals aiming at opening the doors of international arbitration to the younger generation of arbitration lawyers and academics, and invited all participants to apply for (free of charge) membership and follow Young ICCA on social media. He then left the floor to the moderators of the panels.

The initial session regarded oral arguments in international arbitration. It was moderated by Mr. Bruno Barreto Teixeira, Associate at Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados (Rio de Janeiro), who presented the subject and the speakers. The first of them, Mr. Pedro Martini, Associate at Cleary Gottlieb Steen & Hamilton (São Paulo), focused on the use of technology by counsel, such as videos and graphics, as a means of educating the arbitrators in procedures relating to complex and technical issues. Afterwards, Ms. Marcela Terré Bernini, Associate at Boisséson Arbitration (Rio de Janeiro), shared her thoughts on the expectation of the arbitral tribunal concerning the use of oral arguments and how the parties may benefit from it. Mr. Fabiano Robalinho Cavalcanti, Partner at Sérgio Bermudes Advogados Associados (Rio de Janeiro), closed the first panel’s presentations with the perspective of counsel, sharing some skills and tricks one should consider making use of during oral arguments.

After a delightful coffee break, Ms. Caroline dos Santos, Associate at LALIVE (Geneva) and Second Panel’s moderator, introduced the speakers of the final discussion concerning witness examination in international arbitration. Ms. Manuela Costa, Associate at CMS Rui Pena & Arnaut (Lisbon), opened the session and explored the differences between direct and cross-examination as well as some do’s and don’ts counsels should bear in mind when preparing witnesses. Mr. Paulo Magalhães Nasser, Partner at Miguel Neto Advogados (São Paulo), followed by suggestions to enhance effectiveness of direct examination, such as careful consideration of the number of witnesses and the scope of their testimony. To top off this dynamic discussion, Mr. Alvaro Galindo, International Counsel at Dechert LLP (Washington, D.C.), shared some techniques to improve cross-examination and achieve the expected impact on the arbitrators’ decision.

Both panels were followed by a lively questions and answers session and, by the end of the workshop, the attendees gathered in talks with the speakers.