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Preparing and Presenting a Case in Maritime Arbitration

Preparing and Presenting a Case in Maritime Arbitration. A talk by David Owen QC. London context. Flexibility Common law, adversarial approach Established procedures & new approaches Pool of expertise. Are you ready to arbitrate?. Documents Witnesses Technical issues

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Preparing and Presenting a Case in Maritime Arbitration

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  1. Preparing and Presenting a Case in Maritime Arbitration A talk by David Owen QC

  2. London context • Flexibility • Common law, adversarial approach • Established procedures & new approaches • Pool of expertise

  3. Are you ready to arbitrate? • Documents • Witnesses • Technical issues • Damages / financial exposure • Weak points • Costs and management resources

  4. Appointment • Simplicity of procedure • Contract requirements • Choosing the arbitrator

  5. Submissions • What type of document? • What exactly are you seeking? • Brevity & clarity

  6. Flexible Procedural Framework • How much case management? • Speedy, tactical applications • Correspondence

  7. Evidence • Documents: discovery & document production • Witness statements • Who to call? • Drafting • Expert evidence • Choice • Joint meeting & memorandum • Giving of evidence

  8. Mediation • Settlement process: mediator facilitates • No binding determination • Confidential & without prejudice • Arbitration: parties must take initiative

  9. Reasons given not to mediate • “Sign of weakness” • “Waste of time : gap too large” • “Parties can negotiate directly” • “Cost of mediation”

  10. Benefits of Mediation • Flexible outcomes • Savings of costs/management time • Eliminate litigation risk • Enforceable settlement agreement

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