Slide from a lecture on "Arbitration Advocacy" at the Maharashtra National Law University (MNLU), Mumbai. The topics covered were: Arbitration Advocacy Skills: Arbitrators & Counsels Drafting a Notice / Request for Arbitration Procedural Order – I (PO-1)

1. Arbitration Advocacy
HASIT B. SETH
Post Graduate Diploma Arb. & Med. (PGDAM) 2023-24
Maharashtra National Law University, Mumbai
17 December 2023
(c) Hasit Seth, 2023

2. Introduction
♔Name: HASIT B. SETH
♔I am a disputes lawyer in India. My practice focuses on
commercial dispute resolution covering IP, construction,
contracts in litigation and arbitrations
♔I am licensed to practice law in New York and India
♔You are welcome to connect at
https://www.linkedin.com/in/hbs and keep in touch
(c) Hasit Seth, 2023

3. Outline
♔ Arbitration Advocacy
♔ Skills: Arbitrators & Counsels
♔ Drafting a Notice / Request for Arbitration
♔ Procedural Order – I (PO-1)
(c) Hasit Seth, 2023

4. Arbitration Advocacy
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5. Nature of Advocacy
♔Arbitration is an adversarial process
♔Persuasive advocacy
♔The core disputes skill set
♕ Applies to both litigation and arbitration
♕ Frequent overlap of practitioners
(c) Hasit Seth, 2023

6. Arbitration Advocacy
♔Differences are more than similarities
♔Civil law influences
♔Absence of a central institution / distributed Regulation
♔ Arbitral Institutions
♔ Arbitral Rules
♔ Soft Law guidance (https://www.scconline.com/blog/post/2023/09/26/soft-law-guidance-from-arbitral-organisations-for-
conducting-arbitrations/)
♔Arbitration bar
♔Umbilical links with courtroom culture and regulation
(c) Hasit Seth, 2023

7. Core Similarities To Litigation
♔Pleadings
♕ Civil Law: Memorial Style
♕ Common Law: Code Style
♔ Oral Evidence
♔ Documentary Evidence
♕ Discovery Practices
♔ Arguments
♕ Assertion of a Claim
♕ Defence Against a Claim
♔ Award / Judgment
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8. Award’s Structure
♔ Structure of an award & judgment
♕ Dispute Overview
♕ Factual Positions
♕ Arguments of opposing sides
♕ Analysis
♕ Reasons
♕ Determination
♕ Disposition
♔ Very similar to a court judgment
(c) Hasit Seth, 2023

9. Core Differences
♔ Domestic v. International
♔ Written advocacy
♔ Procedural flexibility
♕ Separation of liability and quantum
♕ Sequencing of steps
♕ Formulating Narrow points of determination / Issues
♕ Stipulations and procedural agreements
♕ Magic of consent
♔ In process procedural revisions
♔ Interim relief is not the focus of arbitrations
♔ Enforceable final award is the goal
(c) Hasit Seth, 2023

10. Core Differences
♔Expert witnesses & reports
♔ Evidence
♕ Mostly documentary
♕ Count is huge in construction arbitrations
♕ Methods
♔ Civil Law: Memorial style pleadings
♔ Post-hearing submissions
♔ Hands-on arbitrator
♔ Arbitration administration
♔ Tribunal secretaries
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11. Chess Clock Arbitrations
♔ Limited time arbitrations
♔ Chess-clock system
♔ Only by consent
♔ Due process concerns
(c) Hasit Seth, 2023
Prof. Dr. Karl-Heinz
Böckstiegel
University of Cologne
CV on ICSID:
https://icsid.worldbank.
org/sites/default/files/a
rbitrators/2020-10/363-
Böckstiegel-en.pdf

12. Skills: Arbitrators &
Counsels
(c) Hasit Seth, 2023

13. Counsels
♔ Mixed arbitration and litigation cultures
♔ Good writing abilities
♕ Structuring arguments
♕ Concise factual descriptions
♕ Focussed cross-examination
♕ Cross-examining experts
♔ Cross-cultural work culture
♔ Professional development
(c) Hasit Seth, 2023

14. Arbitrators
♔ Authority
♔ Role - Fairness
♔ Procedural directions
♔ Controlling the process
♔Knowledge of multi-jurisdictional legal systems
♔ Due process concerns
♔ Efficiency
♔ Drafting an enforceable award
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15. Arbitrators – UNCITRAL Rules
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16. Drafting a Notice / Request
for Arbitration
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17. Terminology
♔ Invocation or Notice or Request for Arbitration
♔ Limitation issues
♔ India: A&C Act, 1996 - S.21
♔ UNCITRAL Rules
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UNCITRAL Rules
A&C Act, 1996

18. Mumbai Centre for International Arbitration Rules
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19. Mumbai Centre for International Arbitration Rules
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20. Mumbai Centre for International Arbitration Rules
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21. UNCITRAL Rules
Notice Invoking Arbitration as Statement of Claim
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22. Procedural Order – I
(PO-1)
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23. ICSID PO-1 Example
♔ Draft PO-1 on ICSID’s Site
♔ Link:
https://icsid.worldbank.org/sites/default/files/Draft%20Pro
cedural%20Order%20No%201.pdf
♔ Let’s discuss in detail each of its parts.
(c) Hasit Seth, 2023

24. (c) Hasit Seth, 2023
THANK YOU
Questions?