Take the Witness:
Cross-Examination in International Arbitration
Rome, Italy – 22 February 2019
LUISS – Libera Università Internazionale degli Studi Sociali Guido Carli
Campus LUISS – Sala delle Colonne
Viale Pola 12
00198 Rome, Italy
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
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
***Registration is closed***
FEE includes:
Written course materials, a complimentary copy of the 2019 Second Edition Take the Witness: Cross-Examination in International Arbitration, refreshments at breaks, luncheon, and a drinks reception following the program. The fee does not include accommodations.
Click Here to Download the PDF Registration Form
Accommodations
LUISS – Libera Università Internazionale degli Studi Sociali Guido Carli
Campus LUISS – Sala delle Colonne
Viale Pola, 12 00198 Roma, Italy
Hotels
Hotel Buenos Aires
Via Clitunno, 9 00198 Roma Italia
info@hotelbuenosaires.it
tel: +39 06.8554854
Mercure Rome Corso Trieste
Via Gradisca, 29 00198 Roma Italia
H3320@ACCOR.COM
tel:+39 06.852021
Hotel Santa Costanza
Via XXI Aprile, 4 – 00162 Roma
info@hotelsantacostanza.it
tel: +39 06.8600602
Accommodations are NOT included in the registration fee.
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
Sabine Konrad will cross-examine the witness, the CEO of the Claimant, played by Francesca Salerno, before a tribunal composed of John Fellas (Chair), Jil El Ahdab and Laurence Shore
11:00 -11:15 Morning Break
11:15-12:15 Second Cross-Examination of a Fact Witness
Jonathan Blackman will cross-examine the same witness, played by Francesca Salerno, before the same tribunal composed of Laurence Shore (Chair), John Fellas and Jil El Ahdab
12:15-12:45 Discussion/Post-Mortem of Fact Witness Cross-Examination – led by Timothy G. Nelson
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
Laurence Shore 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), Jonathan Blackman and Sabine Konrad
3:00-3:15 Afternoon Tea
3:15-4:15 Second Cross-Examination of an Expert Witness
Simon Batifort will cross-examine the legal expert played by Luca G. Radicati di Brozolo, before the same tribunal composed of Sabine Konrad (Chair), Jil El Ahdab and Jonathan Blackman
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
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.
SIMON BATIFORT is a partner at Curtis, Mallet-Prevost, Colt & Mosle LLP in New York, where he practices investment treaty arbitration, international commercial arbitration and public international law. He also teaches investment treaty arbitration at Brooklyn Law School. Who’s Who Legal – Arbitration: Future Leaders has recognized him as one the Most Highly Regarded international arbitration attorneys under 45, and he was awarded the 2019 Smit-Lowenfeld Prize for Best Article in International Arbitration. Dual-qualified in Paris and New York, he holds law degrees from Université Panthéon-Assas (Paris II), Université de Montpellier and NYU School of Law.
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.
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
SABINE KONRAD is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Frankfurt office. She focuses her practice on international dispute resolution, with an emphasis on commercial international arbitration and public international law. Dr. Konrad has advised investors and governments in matters of investment protection. She also has experience representing clients in a broad range of industries, including energy and infrastructure. Dr. Konrad also acts as arbitrator in investment treaty arbitration and international commercial arbitration cases. In 2007 and 2013, Dr. Konrad was designated by the Government of the Federal Republic of Germany to the Panel of Arbitrators of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). She is a member of the roster of arbitrators of the International Development Law Organisations (IDLO), the list of practitioners of the Vienna International Arbitral Centre (VIAC) and the panel of the Asian International Arbitration Centre (formerly KLRCA). Dr. Konrad also founded the Frankfurt International Arbitration Moot Court, the leading moot court internally in the investment treaty field. In 2005, she helped set up the Frankfurt International Arbitration Center, a cooperation facility of ICSID for investment treaty arbitrations in Germany.
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.
JALAL (JIL) EL 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).
