Cross-Examination in International Arbitration: Theory and Practice for Practitioners Based in the Philippines
26 Sep 2022
Seminar | 4 and 6 October 2022 | 2:00 p.m. – 5:00 p.m. PHT
Presented by Dechert LLP and Supported by the ICC Court of Arbitration and Ateneo Law School
Cross-examination has been described, from a common-law perspective, as the ‘greatest legal engine ever invented for the discovery of truth’ (John Wigmore, Evidence 1st ed., 1904). It is an essential element of international arbitration (and Filipino court litigation), and yet it is seldom taught.
Please join us on 4 & 6 October 2022 for two seminars dedicated to the art of cross-examination in international arbitration and the preparation of witnesses to help them withstand the rigours of an arbitration hearing. The seminars will be specifically tailored to legal practitioners based in the Philippines as well as in-house counsel in companies, government organisations and state-owned entities with an interest in arbitration.
Part One – Theory
1. The key principles of cross-examination and witness preparation in international arbitration – Mark Mangan and Louie Ogsimer
2. Advocacy tips from other leading arbitration counsel: Judith Gill QC, Sapna Jhangiani QC and Eduardo Silva Romero (pre-recorded)
3. Comparison of advocacy styles in Philippines domestic litigation versus international arbitration – Louie Ogsimer and William Panlilio
4. The arbitrator’s perspective on cross-examination – Prof Jan Paulsson, Neil Kaplan QC and Michael Hwang SC (pre-recorded)
5. The ICC’s perspective on witness examination – Hazel Tang
6. The client’s perspective on cross-examination and witness preparation
Part Two – Mock Cross-Examinations
Participants will have the option of attending a second session in which they can put into practice the theory discussed in the first session. The mock cross-examinations will be based on a fictitious problem (to be circulated in advance) which has been developed by Dechert to explore the tension between the energy-intensive crypto industries and the journey to net zero carbon emissions, thus providing participants with a unique opportunity to learn about cross-examination through the prism of two trends which are likely to feature prominently in future disputes.
27 Nov 2022