Young ICCA Workshop – Practical Case Management Techniques for Young Arbitrators

Back in Zurich for the first time since 2019, Young ICCA is organizing an event on case management techniques.

Hosted by MLL Legal and developed in collaboration with Nater Dallafior, the workshop is aimed at young practitioners beginning their journey as arbitrators, as well as lawyers seeking insight into how experienced arbitrators manage their cases. It offers practical guidance on handling first appointments, with a focus on common challenges. 

Following a keynote by Larry Shore (Seladore Legal) on evidentiary challenges faced by arbitrators, a panel of four experienced arbitrators will discuss additional practical issues. The panel will include Alexandra Johnson (Pestalozzi), Jean Marguerat (MLL Legal), Simon Gabriel (Gabriel Arbitration), and Zelda Hunter (White & Case). Moderated by Tobias Thaler (Nater Dallafior), the discussion will follow a Q&A format to encourage audience participation. 

The workshop will conclude with an apéro on MLL Legal’s rooftop.

Registration

This event is free of charge and will be held in person only. Please register by 1 May 2025. Due to limited capacity, registration is on a first-come, first-served basis. Successful registrants will be notified a few days before the event.

We look forward to welcoming you!

Post Event Report – Young ICCA Skills Workshop: Practical Case Management Techniques for Young Arbitrators

Authored by Jennifer Watts

The most recent Young ICCA workshop took place on 8 May 2025 at MLL Legal in Zurich, Switzerland. Designed to prepare young arbitrators for their first real-life cases, the workshop aimed to equip attendees with valuable international arbitration skills. The workshop was introduced by Leonardo Ohlrogge, a senior associate at MLL Legal in Zurich, and Tobias Thaler, an associate at Nater Dallafior, also in Zurich. Through a keynote speech and panel discussion, the workshop shed light on practical case management techniques and procedural efficiencies. Attendees were given a unique learning opportunity, having the chance to ask practicing arbitrators what they should take into account from the moment they take on their first case until the award is delivered. 

Acclaimed arbitrator, counsel and Seladore Legal partner Laurence Shore discussed alternative approaches to the use of fact witness evidence as an arbitrator. The purpose of fact witness evidence is to convey an accurate impression of the witness's reliability and personality. However, witness statements form the bulk of the hearing and are followed by cross-examination in a high-pressure environment, which may undermine the very purpose of unbiased recollection. Furthermore, fact witness evidence is handled by reducing the recollections of witnesses to writing, which is then further refined to align with the case at hand. The more drafts created, the less likely it is that the witness's core recollection will be preserved. Recognising the limitations of cross-examination in its current form, Mr Shore addressed the potential benefits of replacing written witness statements with video-recorded evidence in chief. Providing the tribunal with a recording and transcript would enable arbitrators to present a fuller, more authentic picture of the witness before cross-examination begins. Clear procedural safeguards, such as structured Q&A formats, could also increase the credibility and fairness of witness statements. Young arbitrators are encouraged to critically reflect on the methods employed during the hearing and to think creatively about the tools used in current international arbitration practices.

The keynote speech was followed by a panel discussion led by the following panelists: Jean Marguerat (MLL Legal). Simon Gabriel (Gabriel Arbitration), Zelda Hunter (White & Case) and Florian Mohs (Pestalozzi), who substituted for Alexandra Johnson (Pestalozzi).

During the panel discussion, the various challenges that young arbitrators may face in their initial practical experience were addressed. One of these is knowing how to navigate expedited proceedings. According to the panelists, it is highly likely that a young arbitrator's first case will be expedited. Given that timing is of the essence in such cases, young arbitrators should check their availability and identify any potential conflicts from the outset. It is also important to guide the parties timely through the proceedings by taking a directive approach, specifically by way of direct and transparent communication. Expedited proceedings usually involve one exchange of briefs before the hearing. As suggested by one of the panelists, this could be supplemented by a mini reply and rejoinder, for which an additional three weeks should be allowed before the cut-off date. Following this, the award should be delivered within the six-month deadline. It is important to allow sufficient time for drafting the award. This may involve rejecting the parties' requests for extensions and counting backwards from the award deadline, taking into account any time required for institutional scrutiny. Requests for time extensions should be avoided whenever possible.

Another challenge that young arbitrators often face when managing cases is knowing how to deal with non-participating parties. As claimants are entitled to an enforceable award, arbitrators are obliged to respect due process and ensure that the requirements of the New York Convention are met. The panelists therefore stressed the importance of treating the non-participating parties as if they were participating to ensure that the defaulting party has the opportunity to participate in the arbitration proceedings at every stage. They also highlighted that obtaining proof of every procedural step is essential, for example, by recording the hearing. Another suggestion raised by the panelists was to be concise when managing cases in order to properly and efficiently notify the other party of the proceedings' progress. This may require a longer timetable, as with participating parties, and all means of notifying the party should be employed, including notifications sent by courier. As a guide, arbitrators should consider the Chartered Institute of Arbitrators' Guidelines on Party Non-Participation and ask the institutions for help when necessary. One question from the audience concerned how to adhere to the procedural timetable if the non-participating party appears towards the end of the proceedings. All panelists agreed that it is common practice for the claimant to allow the respondent to participate in the proceedings. This is largely to ensure an enforceable award.

The panelists also discussed how to manage practical challenges relating to the submissions of the parties involved, particularly when the production of documents is extensive. It is essential to identify the key issues relating to the facts and the law to ensure that the parties remain focused on the disputed matters. This includes managing the parties' expectations, an area in which the panelists shared valuable insights from their experience with complex cases, such as construction disputes. Extensive party submissions often result in a lack of consensus and inefficient case management by the tribunal. In such cases, arbitrators are encouraged to limit the number of pages of party submissions from the outset, particularly if the parties' expectations are influenced by the extensive submissions typical of their own legal culture. If the parties then require more, they can apply for an extension. From practical experience, there is a clear correlation between larger teams and higher submission volumes. In line with the call for increased flexibility, the panelists pointed out that there is no one-size-fits-all solution for dealing with extensive party submissions.

Finally, the panelists offered insight into the award deliberation process. They stressed that in practice, deliberations already begin during the first meeting, and they continuously take place through the whole arbitral proceedings, e.g. also during coffee breaks. As a young arbitrator, it is your job to identify the key issues before the hearing and summarise the party's position so that the other arbitrators are aware of that position. It is also important to note that there may be preliminary discussions after the hearing, for which arbitrators should be prepared. The panelists also stressed that it is important to define an agenda for the actual deliberation session.

To conclude the event, the panelists shared their final tips. They emphasised the importance of thoroughly familiarising oneself with the case file and ensuring that all participants are given the floor. They also highlighted the importance of young arbitrators adapting to each case, thinking creatively and developing their own case management style.