USE OF DRD DATA IN THE
STEPS OF AN INTERNATIONAL ARBITRATION
1
CLIENT'S REQUEST
FOR A MTG
MEETING
- Preliminary meeting with Client to receive briefing on the dispute and underlying contractual paperwork.
- Arrange time for follow-up meeting
2
RESEARCH
RESEARCH
- Review firm’s previous experience with comparable disputes under applicable institutional arbitration or mediation rules, or ad hoc
- Use DRD data on industry sector, region, duration, costs, outcomes, to back up in-hour knowledge
3
INTERNAL MEETING
CONSIDER OPTIONS TO RECOMMEND TO CLIENTS
- Review results of research & consider legal and factual merits
- Assess prospects of success
- Consider likely % recovery on claim and costs in arbitration
- Duration, cost and outcome of mediation
- Cross-check past experience with norms
4
FOLLOW UP
CLIENT MEETING
PROSPECTS OF A SUCCESSFUL OUTCOME
- Report to Client on outcome of research & internal discussions
- Advise firm’s opinion on prospects of success, whether through arbitration and a favorable award or through mediation (if this is a contractual or negotiable option
5
STRATEGY MEETING
STRATEGY CONSIDERATION
- Consider timetable, funding and strategy if firm’s recommendations are agreed
- If arbitration, and not prescribed by the arbitration agreement, consider 1 vs. 3 arbitrators and possible nominees
- If mediation, consider possible nominees
- Review DRD costs, duration, tribunal data in similar cases
6
NEGOTIATE, MEDIATE, ARBITRATE
DECISION ON HOW TO PROCEED
- Based on all the foregoing, a fully-informed decision on how best to proceed can now be taken
- Review time and cost to award or settlement and mediation success rates
7
COMMENCE PROCEEDINGS
PREPARING REQUEST OF NOTICE
- Combined in-house experience with DRD statistical analysis to articulate claim, relief sought including any interim measures and procedural steps
8
CASE MANAGEMENT CONFERENCE
RESEARCH
- Prepare for first CMC to optimize the procedural steps and interrogatories that appear in the first Procedural Order, to client’s best advantage
- Use DRD reports to back up written and oral arguments for the above
9
WRITTEN SUBMISSION
WRITTEN SUBMISSIONS
- Use DRD reports to supplement factual and legal argument for relief sought and to respond to any counterclaim
10
DISCOVERY
DISCOVERY DOCUMENTS
- Use DRD reports to supplement argument for method and type of discovery, including e-discovery
11
WRITTEN OPENING STATEMENT
WRITTEN OPENING STATEMENTS
- Use DRD reports to support factual and legal argument for relief sought
12
HEARING/POST HEARING
POST HEARING SUBMISSION AND COST APPLICATION
- Use DRD reports to support factual and legal argument for relief sought in preceding written and oral arguments
- Use DRD data to support cost application
13
AWARD
AWARD
- Client debrief to consider outcome, costs, duration against initial assessment
- Compare with DRD-indicated norms
WATCH OUR BRIEF VIDEOS ON UNDERSTANDING WHERE
DRD ADDS VALUE TO THE ARBITRATION PROCESS
Step 2.
Research
Step 3.
Internal Meeting
Step 5.
Strategy
Step 6.
Negotiate, Mediate,
Arbitrate
StepS 9, 10, 11.
Submission, Discovery,
Opening Statement
StepS 12, 13.