Take the Witness: Cross-Examination in International Arbitration

 Take the Witness: Cross-Examination in International Arbitration

Rome, Italy – 21 February 2019

Hosted by LUISS – Libera Università Internazionale degli Studi Sociali Guido Carli

Campus LUISS – Sala delle Colonne
Viale Pola 12
00198 Rome, Italy

IMG_2840

 

Program Information

This Conference will bring together a group of some of the best known and experienced practitioners in the field of international arbitration, both advocates and arbitrators, to discuss, and then demonstrate, how to cross-examine witnesses in an international arbitration. The program will make it clear that not all international arbitrations – and not all witnesses – are the same.

It will follow the launch of the 2019 Second Edition of Take the Witness; Cross-Examination in International Arbitration. All conference attendees will receive a free copy of Take the Witness: Cross-Examination in International Arbitration. This work, first published in 2010, has been widely praised and features insights from leading practitioners across the world. It has provided a framework for numerous past interactive seminars on cross-examination, and we are excited to present this latest seminar in the Eternal City of Rome.

Guidelines, tactics, techniques, ideas and advice to be followed or at least considered in conducting cross-examination will be discussed, analyzed and demonstrated, such as:

  •  Fundamentals of cross-examination
  •  Cross-examination before international tribunals
  •  Experienced international arbitrator’s views of the effectiveness of cross-examination
  •  Dealing with “impeachment” issues (faulty memory, bias, contradictory testimony)
  •  Cross-Examination before civil law arbitrators
  • The differences between cross-examining fact witnesses and cross-examining expert witnesses
  • Dealing with written witness statements and effectively cross-examining on them.
  • How to influence and persuade arbitrators – what works, what doesn’t
  • Using documents effectively.
  • And more!

For the newer entrant to international arbitration, the conference will be a source of learning, for the experienced, it will serve as a refresher of advocacy skills. Anyone who attends this conference will benefit in better understanding and appreciating the nuances and process of successful cross-examination in international arbitration. It will serve to make everyone attending a more effective cross-examiner, regardless of prior experience.

Location Information

Roma 1 ottobre 2009 Luiss Guido Carli Viale Pola

LUISS – Libera Università Internazionale degli Studi Sociali Guido Carli – is an independent university. It was created out of a pre-existing Roman institution, Pro Deo, between 1974 and 1978.

LUISS School of Law (LSL) represents an innovation in the field of legal studies in Italy. LSL was conceived within the framework of the international strategic objectives being pursued by LUISS Guido Carli. It is targeted to whoever intends to acquire or further develop outstanding legal training or to deepen the scientific research in the various branches of Law with an international focus.

The initiatives and the sphere of interests of the LSL cover all fields of legal studies. For example: Public, Constitutional and Administrative Law; Private Law; Commercial and Business Law; Criminal Law; Labor and Welfare Law; Procedural Law, Tax Law, Comparative Law; Comparative Law; International Law; European Union Law.

Take the Witness: Cross-Examination in International Arbitration will be held in LUISS Campus Sala delle Colonne (Hall of Columns), located at Viale Pola 12, Rome – Italy

For directions click here

Registration

 Register Now Space is very limited!

Register with payment by 5 March 2019 to receive Early Bird rate!

Cross-Examination in International Arbitration
$595.00

*Cross-Examination in International Arbitration
$375.00

*ONLY available to full-time academics [with no law firm affiliation], government employees, and full-time in-house corporate counsel.

All conference attendees will receive a free copy of the 2019 Second Edition of Take the Witness: Cross-Examination in International Arbitration.

Schedule

9:00-9:15    Welcome – Prof. Maria Beatrice Deli, Secretary-General of the Italian Association for Arbitration

9:15-9:45    Introduction: Basics of Cross-Examination – John Fellas

9:45-10:00    Overview of Morning Program; Further Tips – Lawrence W. Newman

The morning sessions will feature two cross-examinations of the same fact witness before a mock three-member tribunal, with other faculty members as commentators. The cross-examinations will not be done through a script. Rather, the same witness will be cross-examined by two separate lawyers who will have prepared their outlines independently. The second cross-examiner will not have the benefit of having heard the first cross-examination and may therefore apply a different style and technique from that used by the first cross-examiner. The cross-examiners will make use of correspondence and other prior statements of the witness that are contained in the background materials (scenario) that will be made available in advance to the examiners, the audience and the Tribunal.

The two sets of cross-examinations will each be followed by comments and critiques from tribunal members, faculty commentators and members of the audience.

10:00-11:00    First Cross-Examination of a Fact Witness

Ruth Byrne will cross-examine the witness, the CEO of the Claimant, played by Francesca Salerno, before a tribunal composed of Jil El Ahdab (Chair), Christopher P. Moore and Laurence Shore

11:00 -11:15    Morning Break

11:15-12:15    Second Cross-Examination of a Fact Witness

David Roney will cross-examine the same witness, played by Francesca Salerno, before the same tribunal composed of Jil El Ahdab (Chair), Christopher P. Moore and Laurence Shore

12:15-12:45    Discussion/Post-Mortem of Fact Witness Cross-Examination – led by Laurence Shore

12:45-1:45    Networking Lunch

1:45-2:00    Introduction to Afternoon Program: Cross-Examination of an Expert – Timothy G. Nelson

The afternoon session will follow a similar format, except with an expert as the witness.

2:00-3:00    First Cross-Examination of an Expert Witness

Rory Milson will cross-examine an expert on the law of Juristania, played by Luca G. Radicati di Brozolo, before a tribunal composed of Jil El Ahdab (Chair), John Fellas and Laurence Shore

3:00-3:15    Afternoon Tea

3:15-4:15    Second Cross-Examination of an Expert Witness

Christopher P. Moore will cross-examine the legal expert played by Prof. Luca G. Radicati di Brozolo, before the same tribunal composed of Laurence Shore (Chair), Jil El Ahdab and John Fellas

4:15-4:45    Discussion/Post-Mortem of Expert Cross-Examination – led by Timothy G. Nelson

4:45-5:00    Concluding Remarks – Lawrence W. Newman and Timothy G. Nelson

5:00-6:00    COCKTAIL RECEPTION

 

The Faculty

LAWRENCE W. NEWMAN received his initial courtroom experience in his five years as an Assistant United States Attorney in the Office in the United States Attorney for the Southern District of New York, after which he joined the litigation department of the New York office of Baker & McKenzie. That department, under his direction, focused on international litigation and arbitration and became the leading law office in the world (in terms of number of cases) in the representation of claimants against Iran in arbitration at the Iran-United States Claims Tribunal in The Hague. Mr. Newman has represented claimants and respondents in commercial and investment arbitration proceedings in the United States, Europe and Latin America. He also sits as an arbitrator in cases involving international matters. Mr. Newman is the editor, co-editor and co-author of several books on international litigation and arbitration, including Enforcement of Foreign Judgments (three volumes), Attachment of Assets (two volumes), Litigating International Commercial Disputes, Checklists of International Arbitration (three editions), The Leading Arbitrators’ Guide to International Arbitration (three editions), Interim Measures in International Arbitration and Soft Law in International Arbitration and was co-editor of the first edition of this book. Since 1982, he has been co-author of the “International Litigation” column in the New York Law Journal. Mr. Newman was Chairman for four years of the International Disputes Committee of the New York City Bar, and thereafter the Chairman of the Arbitration Committee of the International Institute for Conflict Prevention and Resolution (CPR) and is a member of the Advisory Committee of the Restatement of International Arbitration of the American Law Institute. Mr. Newman is a Fellow of the College of Commercial Arbitrators and a Fellow of the Chartered Institute of Arbitrators, where he is a member of its Practice and Standards Committee and Chairman of its Arbitration Subcommittee. He was an Adjunct Associate Professor at Fordham Law School, teaching a course on International Arbitration. he has been, since 2000, the Chairman of the international Arbitration Club of New York. Mr. Newman is a frequent speaker on international arbitration and litigation and is the co-founder of the Leading Arbitrators’ Symposia on the Conduct of International Arbitration, which have been held annually for the past 14 years in Vienna, and of the “Take the Witness” seminars on cross-examination in international arbitration, which have been held in in Paris, New York, Vienna and Venice. Mr. Newman has been listed as a highly rated lawyer in various national and international directories of lawyers and is listed in numerous editions of Who’s Who. He is a graduate of Harvard College and Harvard Law School. He is co-editor of both editions of Take the Witness: Cross-Examination in International Arbitration.

TIMOTHY G. NELSON is a Partner in the International Litigation and Arbitration practice of Skadden, Arps, Slate, Meagher & Flom. Mr. Nelson represents clients before, among others, the American Arbitration Association/International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), the International Centre for Settlement of Investment Disputes (ICSID) and tribunals constituted under the Arbitration Rules of the United Nations Commission of International Trade Law (UNCITRAL). Mr. Nelson’s international litigation and arbitration experience includes disputes involving contracts, international trusts, partnerships (limited and general) and corporate law, as well as cases falling under the 1980 Vienna Convention on Contracts for the International Sale of Goods. Mr. Nelson has been involved in litigation arising under the U.S. Federal Arbitration Act (FAA), the Foreign Sovereign Immunities Act (FSIA), the Alien Tort Claims Act (ATCA), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1965 Hague Convention on Service of Process. He is admitted to practice in New York, New South Wales, and England and Wales. He is co-editor of the Second Edition of Take the Witness: Cross-Examination in International Arbitration.

JONATHAN I. BLACKMAN is a Partner at Cleary Gottlieb Steen & Hamilton. His practice focuses on litigation, including international litigation and arbitration, banking and insurance law. Mr. Blackman has participated in numerous international arbitrations involving both public international law and complex commercial disputes, litigation involving the immunity of foreign states and their agencies under the U.S. Foreign Sovereign Immunities Act, and securities and commercial litigation in a variety of U.S. federal and state courts. Mr. Blackman’s work has been repeatedly recognized by the business and legal press. He received a J.D. degree, magna cum laude, from Harvard Law School and a A.B. degree, magna cum laude, from Harvard College.

RUTH BYRNE is a Partner and solicitor advocate in the London office of King & Spalding. She specializes in international commercial disputes across a wide range of industry sectors. Ms. Byrne has advised clients on disputes arising in multiple jurisdictions (notably in Africa, the Middle East and Eastern Europe) and from a wide range of different industry sectors including energy, construction, manufacturing and retail, asset management and banking. She has appeared as counsel in arbitrations under all of the leading institutional rules (ICC, LCIA, AAA/ICDR, SCC, Swiss Rules and ICSID) as well as ad hoc arbitrations and sits regularly as arbitrator. Ms. Byrne appears frequently in the English High Court, in particular in proceedings in support of arbitration, as well as more generally in international commercial litigation. Ms. Byrne advises on questions of public and private international law.

JOHN FELLAS  is a partner in the New York office of Hughes Hubbard & Reed. He is co-chair of the firm’s International Arbitration practice and co-chair of the International practice. John focuses on the areas of international litigation and arbitration.  John has practiced in both the US and the UK, and, in addition to being a member of the New York City Bar Association, he is a solicitor of the Supreme Court of England and Wales. He has served as counsel, chair, sole arbitrator and co-arbitrator in arbitrations under the American Arbitration Association (AAA), International Chamber of Commerce (ICC) and ad hoc rules. He also serves on the Mediation Panel of the District Court for the Southern District of New York. He has also been retained to act as an expert witness on US law in proceedings in other countries

RORY O. MILLSON came to the United States in 1969 from South Africa to study at Yale College (B.A. summa cum laude in Classics). He began his legal education as a Rhodes Scholar at Oxford (B.A. First Class in Jurisprudence) and then at Yale Law School. Upon graduation, he started at Cravath, Swaine & Moore LLP, where he worked till his retirement at the end of 2015. His practice included a wide variety of litigation and arbitration, especially for international clients. This included trials and evidentiary hearings where he was exposed to – and perhaps committed – some of the perils of cross-examination described in his chapter. In his golden years, he serves as an arbitrator and mediator, including in transnational disputes. In addition, he has been involved in writing (and speaking) projects such as the report by the International Law section of the Bar of the City of New York on the legality of drone killings under international law; the annual selection by the International Arbitration Club of New York of the best article in international arbitration; and book reviews on treatises on international arbitration and trial practice, in addition to the chapter in this book.

DAVID RONEY is a Partner with Sidley Austin’s International Arbitration Practice, based in Geneva, Switzerland. With more than 25 years of experience, he has acted as counsel in international commercial and investment treaty arbitrations involving a broad range of different industry sectors, business transactions, governing laws and places of arbitration. In addition, Mr. Roney has served as chairman, sole arbitrator and co-arbitrator in numerous international arbitrations under the major institutional and ad hoc arbitration rules. Mr. Roney is Co-Founder and President of the Board of Trustees of the Foundation for International Arbitration Advocacy (FIAA). In that capacity, he has provided training in the examination and cross-examination of fact and expert witnesses to hundreds of international arbitration practitioners around the world. He is also a Member of the Arbitration Court of the Swiss Chambers’ Arbitration Institution, Member of the Users Council of the Singapore International Arbitration Centre, Co-Chair of the ICC Commission on Arbitration Task Force on the New York Convention, and Adjunct Faculty Member at the MIDS – Geneva LL.M. in International Dispute Settlement offered by the Graduate Institute of International and Development Studies. He speaks and publishes regularly on international arbitration topics. Mr. Roney is a graduate of Queen’s University (B.A., 1988) and the University of Toronto Law School (J.D., 1991). He is qualified as a Barrister and Solicitor, Ontario, Canada, and Solicitor, England and Wales.

LAURENCE SHORE is a partner in the Milan office of BonelliErede. He previously practiced international arbitration in London and New York City, and began his career as a litigation associate at Williams & Connolly in Washington, DC. Laurence’s law degree is from Emory University, where he was editor-in-chief of the Emory Law Journal.

FRANCESCA SALERNO is Managing Associate in the teams of Dispute Resolution and Restructuring and Insolvency of Legance Avvocati Associati, an Italian firm with offices in Rome, Milan, London and New York. Since 2008 when she joined the Firm Francesca has been dealing mainly with commercial, construction and energy arbitration, both domestic and international, gathering considerable experience on ICC, CAM, LCIA and UNCITRAL arbitration rules, as well as with enforcement proceedings of foreign arbitral awards and judgments. Francesca also practices in civil and commercial Court litigation, as well in insolvency and bankruptcy matters, with a particular focus on cross-border insolvency disputes.

DR. JALAL EL AHDAB (JIL AHDAB) is head of the International Arbitration Practice in the Paris office of Bird & Bird. He has been acting as counsel, arbitrator and expert for over 20 years and in 100 matters, involving commercial, investment, construction, IT, commodities, corporate, port/airport, and sports disputes, especially in Europe, Africa and the MENA region. He is an ICC Court member, Lebanon’s Representative of UNCITRAL, chair of the CIArb European Branch, the vice-chair of the IBA Arab Regional Forum and an officer in many other rising institutions. He has written extensively on arbitration, including a book on “Arbitration with the Arab Countries” (Kluwer, 2011) and on “French Arbitration’s Theory and Practice” (Lexis, 2019). He is qualified to practice in Beirut, Paris and New York.

LUCA G. RADICATI DI BROZOLO is a a founding partner of Arblit and a door tenant of Fountain Court Chambers, London. He is also a Full Professor at the School of Law of the Università Cattolica di Milano, where he holds the chair of Private International Law and also teaches Law of International Arbitration. For the past ten years Luca’s practice has focused primarily on arbitration and international litigation. He is one of Italy’s top arbitration specialists and is highly regarded abroad, also through his writings (which include an authoritative Commentary on arbitration law in Italy and scholarly contributions in a variety of prestigious publications) and his activities in professional bodies, including the International Court of Arbitration of the ICC (from 2009 to 2015), the Court of the LCIA (of which he is a member since 2016), the Arbitration Committee of the International Bar Association (of which he is a past Vice-Chair) and the Committee on International Commercial Arbitration of the International Law Association, of which he was corapporteur on three projects. He was the delegate for the Italian Government at the 33rd and 34th Sessions of the UNCITRAL Working Group on International Arbitration (2000 and 2001).

 

More in Upcoming JURIS Conferences
Thirteenth Annual Investment Treaty Arbitration

Monday April 8th, 2019 – Washington, DC

Close