ASA Town Hall 2024

Trust Me, I’m an Expert – Working with Experts in International Arbitration

Our panel of young arbitration practitioners and experts will discuss everything there is to know about working with (or being) an expert throughout the different phases of an international arbitration proceeding. Join us to discuss best practices for written reports, what experts need from counsel, how best to prepare your expert for cross-examination, and how your expert is the secret weapon to delivering an effective cross-examination of the opposing expert!

Updates, information and exchange.

Andrea Meier - Partner, Walder Wyss
Noradèle Radjai - Partner, LALIVE
Jan-Michael Ahrens - Counsel, Siemens

The plenary wrap-up will include short presentations on key discussion outcomes and polling questions.

This roundtable will explore measures parties can take to limit document production. Participants will be asked to consider and discuss recommendations developed by the ASA User Council Working Group on Document Production and set out in a Draft White Paper. Recommendations include, among others, full exclusion of document production, limitation to specific documents, reinforcing links to substantive law and burden of proof, no separate document production phase, and cost consequences. Participants are also encouraged to discuss additional ideas on how parties can restrain document production.

This roundtable will explore measures arbitral tribunals can take to limit document production. Participants will be asked to consider and discuss recommendations developed by the ASA User Council Working Group on Document Production and set out in a Draft White Paper. Recommendations include strengthening requirements for the specificity of documents requested, for how requests are to be made and justified in the parties’ briefs, and limiting the production to material or relied-upon documents only. Participants are also encouraged to discuss additional ideas on how arbitral tribunals can restrain document production.

The IBA Rules on the Taking of Evidence in International Arbitration are frequently applied in respect of procedures for requesting document production from other parties and standards for determining whether the request should be granted. These rules provide inter alia that documents requested must be “relevant to the case and material to its outcome” – a test that is not defined further and not always applied stringently. Participants will be asked to consider and discuss the proposed interpretation guidance developed by the ASA User Council Working Group on Document Production and set out in a Draft White Paper.

This roundtable will explore the broader context of the measures proposed, including policy considerations, stakeholder interests and technology. Participants will be asked to consider and discuss policy aspects of document production in arbitration, such as efficiency, access to justice, equal treatment of parties, and the fairness of proceedings. They will also discuss the perspectives of different stakeholders, including parties, tribunals and institutions. Paradigms may also shift as technology evolves and impacts the practice of document production.