Take the Witness: Cross-Examination in International Arbitration

Registration is Open!

September 6th, 2019 – Hamburg, Germany

Hamburg Chamber of Commerce (Handelskammer Hamburg)

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 worldwide. It has provided a framework for numerous past interactive seminars on cross-examination, and we are excited to present this latest seminar in the Hamburg, Germany.

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 arbitrators’ 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.
  • Handling written witness statements and effectively cross-examining on them.
  • How to influence and persuade arbitrators – what works, what doesn’t.
  • Using documents effectively.

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. Participants will benefit from better understanding and appreciating the nuances and process of successful cross-examination in international arbitration. Knowledge gained at this conference will serve to render participants more effective cross-examiners, regardless of prior experience.

Location

The Chamber of Commerce of the city state of Hamburg, Germany was founded in 1665. It is a driving force behind Hamburg’s economy, representing approximately 160,000 companies. Nestled in the heart of Hamburg’s bustling downtown area, abutting the cities impressive City Hall, the Handelskammer provides counsel to business organizations, defends their interests, and focuses on educational initiatives.

For further information, view the Chamber of Commerce’s website.

Chamber of Commerce (Handelskammer, Hamburg)
Adolphsplatz 1
20457 Hamburg

For directions click here.

Registration

FEE includes:
Written course materials, a complimentary copy of the 2019 Second Edition of 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.

Cross-Examination in International Arbitration Hamburg
$595.00

*Cross-Examination in International Arbitration Hamburg
$375.00

* ONLY available to full-time academics [with no law firm affiliation], government employees, and full-time in-house corporate counsel.
** For wire transfer information and student rate, contact jhernandez@jurispub.com

Click Here to Download the PDF Registration Form

Program

9:00-9:15    Welcome

9:15-9:45    Introduction: Basics of Cross-Examination – Lawrence W. Newman and Timothy G. Nelson

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

Angeline Welsh will cross-examine the witness, the CEO of the Claimant, played by Sabine Konrad, before a tribunal composed of Jonathan Blackman (Chair), Rory O. Millson, and Anke Sessler.

11:00 -11:15    Morning Break

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

Ruth Byrne will cross-examine the same witness, played by Sabine Konrad, before the same tribunal composed of Rory O. Millson (Chair), Jonathan Blackman, and Anke Sessler.

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

Rory Millson will cross-examine an expert on the law of Juristania, played by Stefan Kröll, before a tribunal composed of Anke Sessler (Chair),  Angeline Welsh, and Sabine Konrad.

3:00-3:15    Afternoon Tea

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

Jonathan Blackman will cross-examine the legal expert, played by Stefan Kröll, before the same tribunal composed of Sabine Konrad (Chair), Anke Sessler, and Angeline Welsh.

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

Faculty

Lawrence W. Newman received his initial courtroom experience in his five years as an Assistant United States Attorney in the Office of 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, International Arbitration Checklists (three editions), The Leading Arbitrators’ Guide to International Arbitration (three editions), Interim Measures in International Arbitration, and Soft Law in International Arbitration. He was co-editor of the first edition of Soft Law in International Arbitration. Since 1982, he has been co-author of the “International Litigation” column in the New York Law Journal. For four years, Mr. Newman was Chairman for four years of the International Disputes Committee of the New York City Bar. Thereafter, he served as the Chairman of the Arbitration Committee of the International Institute for Conflict Prevention and Resolution (CPR). Mr. Newman is a member of the Advisory Committee of the Restatement of International Arbitration of the American Law Institute. He is a Fellow of the College of Commercial Arbitrators and the Chartered Institute of Arbitrators, where he is a member of its Practice and Standards Committee and Chairman of its Arbitration Subcommittee. Since 2010, he has acted as Chairman of the International Arbitration Club of New York. As Adjunct Associate Professor at Fordham Law School, Mr. Newman taught a course on International Arbitration. 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. He is also the co-founder of the “Take the Witness” seminars on cross-examination in international arbitration, which have been held 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, and 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 Bryne is a partner and solicitor advocate in the London office of King & Spalding. Ms. Byrne specializes in international commercial disputes across a wide range of industry sectors. She 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. Ms. Byrne 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. She also 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 also advises on questions of public and private international law. She is recommended in Chambers UK (2016) and the Legal 500 (2016) with respect to international arbitration and international litigation. Named as a future leader in international arbitration in Who’s Who Legal (2017), she is commended as “an excellent advocate wise beyond her years, and not afraid to tackle new areas or take on opponents far her senior. She will be a dominant character in the arbitration world for years to come.” Ms. Byrne is Co-Chair of the London Court of International Arbitration’s Young International Arbitration Group (YIAG), and writes and speaks regularly on a variety of international arbitration topics.

Sabine Konrad is a partner in the Frankfurt office of the law firm McDermott Will & Emery. Dr. Konrad focuses her practice on international dispute resolution, with an emphasis on commercial international arbitration and public international law. She has advised investors and governments in matters of investment protection, and 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, a leading moot court in the investment treaty field. In 2005, she helped set up the Frankfurt International Arbitration Center, an ICSID cooperation facility for investment treaty arbitrations in Germany.

Stefan Kröll s an arbitrator with experience of more than 85 arbitrations in all areas of national and international business law, including arbitrations involving state parties. Prof. Dr. Kröll is considered one of Germany’s leading experts in the field of international arbitration. He combines his practice as an arbitrator with extensive academic activities, acting as Director of the Center for International Dispute Resolution at Bucerius Law School in Hamburg, Germany, and regularly lecturing at other leading institutions in Germany and abroad. He also acts as Visiting Professor at the University of London’s School of International Arbitration. Since 2012, Prof. Dr. Kröll is one of the Directors of the Willem C. Vis Arbitration Moot in Vienna. His publications include several internationally-renowned monographs, treatises, and commentaries, as well as a considerable number of articles in international journals. Prof. Dr. Kröll is one of Germany’s national correspondents at UNCITRAL. He has been retained by UNCITRAL as one of three experts to prepare the DIGEST on the UNCITRAL Model Law on International Commercial Arbitration. He sits on the advisory boards of the German Arbitration Institute and the Arbitration Institute of the Finland Chamber of Commerce.

Rory O. Millson retired from the Litigation Department of Cravath, Swaine & Moore in Decembe Mr. Millson had a broad practice with experience in both trial and appellate courts. His practice covered 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. Mr. Millson serves as an arbitrator and mediator, including in transnational disputes. 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. He also contributed a chapter to Take the Witness: Cross-Examination in InternationalArbitration. Mr. Millson is active in international arbitration and is a member of the International
Arbitration Club of New York. He was born in Cape Town, South Africa, and received a B.A. summa cum laude in 1973 from Yale University; a B.A. with first class honors in jurisprudence as a Rhodes Scholar at Oxford in 1975; and a J.D. from Yale Law School in 1977. Upon graduation from Yale, Mr. Millson began working at Cravath. He became a partner in 1984 and remained with Cravath until his retirement.

Anke Sessler is widely recognized as one of Germany’s leading disputes lawyers, with extensive experience in international and domestic arbitration and complex litigation proceedings. She represents industrial enterprises and financial service providers in disputes relating to inter alia supply contracts, joint ventures, as well as other commercial agreements, and in shareholder litigation and disputes relating to corporate boards. Dr. Sessler joined Skadden as a partner in 2014. From 2008 to 2014, she was chief litigation counsel at Siemens AG in Munich. Prior to joining Siemens, for over ten years, she was a partner at another top international law firm in Frankfurt. Dr. Sessler is a member of various arbitral institutions, such as the DIS Advisory Board, the ICC Commission on Arbitration, the ICC National Committee Germany, and the AAA and ASA boards. Until 2013, she served on the ICSID Panel of Conciliators for Germany. In 2014, Dr. Sessler was appointed to the Governing Board of ICCA. She recently became a member of the ICC International Court of Arbitration and is also a CEDR-accredited mediator.

Angeline Welsh is an attorney in the London office of Matrix Chambers. Ms. Welsh has a broad-ranging practice. While primarily known for her international arbitration practice (as counsel and arbitrator), she also has substantial experience in handling commercial disputes and cases involving issues of public law, constitutional law, human rights law, and increasingly, European Union law. Ms. Welsh is widely regarded as one of the leading practitioners in her generation of arbitration lawyers. In 2018, she was listed as the fifth most highly regarded arbitration practitioner at the UK bar by Who’s Who Legal UK Bar’s guide. In 2017, she was named as a ‘Star at the Bar’ by Legal Week. Prior to joining Matrix, Ms. Welsh was Counsel and Solicitor Advocate in the International Arbitration Group at Allen and Overy LLP, spending time in the London and Hong Kong offices and on secondment to the LCIA. She has worked with counsel in a wide range of jurisdictions including India, Myanmar, Indonesia, Belize, Hong Kong, Turks & Caicos Islands, Singapore, United States, Kazakhstan, Rwanda, and various European states. In addition to acting as counsel in a range of complex arbitrations and in investment treaty claims, Ms. Welsh regularly advises on the structuring of investments in order to gain investment treaty protection. She also advises on public law issues and court applications related to arbitration, including anti-suit injunctions, interim relief, and enforcement of arbitral awards. Finally, Ms. Welsh sits as an arbitrator, having been appointed as sole arbitrator in LCIA, ICC, BVI IAC, and ad hoc arbitrations, and as presiding arbitrator in an LCIA case. She is appointed to the HKIAC list of arbitrators and the BVI IAC panel of arbitrators.

Accommodations

Conference registration fee does not include hotel accommodations or travel. Below is a list of suggested hotels based on proximity to the Hamburg Chamber of Commerce.

Sofitel Hotel Hamburg

Overlooking the Alster Canal in the historic old town, this upscale hotel is a 5-minute walk from the Rathaus U-Bahn and a 12-minute walk from the Chilehaus. It is around the corner ( a 2-minute walk) from the Chamber of Commerce, where the seminar will be held.

To visit the hotel website click here.

Hamburg Marriot Hotel (Renaissance Hotel)

“Discover the best of the city center from the Hamburg Marriott Hotel. A fantastic destination for both business and leisure travelers to Germany, our hotel features spacious, modern guest rooms and suites, an impressive range of premium amenities and unbeatable placement near acclaimed destinations in Hamburg, Germany’s historic city center.”

To visit the hotel website click, here.

Fairmont Hotel Vier Jahreszeiten

“The Fairmont Hotel Vier Jahreszeiten deserves its title as one of Europe’s timeless hotels. Open since 1897, its historically-listed lobby has seen a number of celebrity guests, including soprano Maria Callas and Prince Heinrich of Prussia, waltz past. To this day, it’s lost none of its star factor. How could it? Locals and international travelers still come to its terrace for tasty pre-theater cocktails and uninterrupted views of the Lake Alster before heading off to the nearby State Opera House. But one doesn’t have to go far to experience the theatrical. Inside, grand marble columns, oil paintings and period furnishings mark it as Hamburg’s Grande Dame and one of Germany’s best hotels for lovers of Old World luxury and elegance.”

This iconic hotel is located a mere 10-minute walk from the Chamber of Commerce, where the seminar will be held, and has the best views of the city’s beautiful Alster Lake. It is steps away from the city’s most exclusive shopping areas and around the corner from the larger, quieter Aussenalster, an extension of the Alster Lake. It also houses one of the city’s best restaurants, the Grill.

To visit the hotel website, click, here.

Park Hyatt Hamburg

Park Hyatt Hamburg “At Park Hyatt Hamburg, you will quickly discover that luxury is personal. Located in the historic Levantehaus building in the heart of the city, built in 1912 by the architect Franz Bach, the hotel features Hanseatic architecture and an unparalleled maritime elegance. First class service, a regional gourmet kitchen and an outstanding spa… that is what our five-star hotel in the heart of Hamburg stands for.”

The Park Hyatt Hamburg is located a 10-minute walk from the Chamber of Commerce, where the seminar will be held, on Mönckebergstrasse, a popular and lively shopping street. It is also conveniently close to the city’s main train station, Hauptbahnhof, as well as a variety of public transportation stations.

To visit the hotel website, click, here.

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