Young ICCA Workshop on Oral Advocacy

Young ICCA is pleased to invite you to an engaging workshop on oral advocacy.

The event will feature a mock submission on the admissibility of evidence in an arbitration proceeding, followed by structured feedback from a tribunal and an open discussion on effective oral advocacy techniques. Designed to provide practical insight and guidance, the workshop is aimed at young practitioners and students looking to sharpen their advocacy skills.

For this workshop, with the permission of the VIS Moot, we have used a fact pattern related to the exclusion of evidence in arbitration, inspired by the problem of the 32nd VIS Moot.

Our oralists are two rising stars in international arbitration:

• Paul Kleist, Associate at Cleary Gottlieb (London), with a practice focused on international arbitration and litigation, and a wide variety of experience before both international arbitration tribunals and domestic courts;

• Krystal Lee, Senior Associate at Dentons (London), dual-qualified in England & Wales and in Paris, specializing in international commercial and investment arbitration.

   

The mock tribunal will consist of:

• Ruth Byrne, KC (King & Spalding, London) 
• David Herlihy, SC (A&O Shearman, Dublin) 
• Sophie Lamb, KC (Latham & Watkins, London) 

• The session will be moderated by Maxim Osadchiy (Osadchiy Dispute Resolution, London).

   

We extend our sincere thanks to Jadranka Jakovcic (Young ICCA Events Co-Director), Daria Kuznetsova (CMS UK), Maxim Osadchiy, Zil Shah (GE Renewable Energy), and Godwin Tan (A&O Shearman) of the Organizing Committee for their invaluable support in making this event possible.

Registration is now open! Spaces are LIMITED, so be sure to secure your spot early. 

IMPORTANT: Registration will begin at 16:30, and the event will start promptly at 17:00, running until 19:00.

Hosted by:

Young ICCA Oral Advocacy Workshop

London, United Kingdom | 3 June 2025

Post-Event Report by Zil Shah (General Electric (GE) Renewable Energy)

On 3 June 2025, Young ICCA hosted a skills workshop on Oral Advocacy in London during the 2025 London International Disputes Week. The workshop brought together arbitration practitioners to develop their oral advocacy skills before an arbitral tribunal in a mock hearing format. The fact pattern related to the exclusion of evidence in arbitration, inspired by the problem of the 32nd Vis Moot.

The event kicked off with welcome remarks from Jadranka Jakovcic (Young ICCA Events Co-Director), who introduced Young ICCA’s mission, followed by Daria Kuznetsova (CMS UK), who set the stage with an overview of the mock problem. The oralists, Paul Kleist (Associate, Clearly Gottlieb) and Krystal Lee (Senior Associate, Dentons) then presented submissions before a distinguished mock tribunal composed of Sophie Lamb KC, Ruth Byrne KC, and James Freeman. The oralists argued over the admissibility of two disputed documents – an internal email by in-house counsel (Exhibit R-3) and a “without prejudice” offer (Exhibit C-7) – invoking principles of legal privilege, confidentiality, and procedural fairness.

Submissions

Ms. Lee (Claimant’s counsel) argued for the exclusion of Exhibit R-3 – an internal email containing legal advice from Claimant’s in-house counsel. The submission rested on several key grounds:

• The FAI Arbitration Rules and the IBA Rules on the Taking of Evidence in International Arbitration grant the tribunal broad discretion and uphold the sanctity of attorney–client privilege.

• Treating parties with equality would require the exclusion of improperly obtained documents that unfairly prejudice one party.

• Privilege was asserted over the contents of the email, which was addressed to internal clients and constituted legal advice, irrespective of the fact that in-house counsel privilege is not recognized under Mediterraneo law.

• The document was not voluntarily disclosed by Claimant, and no legitimate explanation had been provided by Respondent as to how it was obtained.

   

Mr. Kleist (Respondent’s counsel) challenged Claimant’s reliance on Exhibit C-7, a without-prejudice offer sent by Respondent. Respondent argued that:

• The document was clearly marked “without prejudice”, and referred to settlement discussions.

• Confidentiality is expressly protected under the FAI Mediation Rules and IBA Rules, which are applicable even outside a formal mediation if parties intended their communications to be confidential.

• Settlement privilege applies to negotiations aimed at resolving a dispute, regardless of whether a formal mediation took place.

   

Tribunal Feedback and Observations

After the presentations, Maxim Osadchiy (Osadchiy Dispute Resolution) led a lively discussion with the tribunal, inviting their thoughts on the arguments presented and their top tips for effective oral advocacy:

• Sophie Lamb KC emphasized the importance of developing a compelling narrative and the ability to “tell the story” in a manner that engages the tribunal.

• Ruth Byrne KC highlighted the need to strike a balance between persuasion and credibility, advising against overstating weak points and recommending measured concessions where necessary.

• James Freeman noted the differences between oral and written advocacy, encouraging participants to avoid reading verbatim, to interact with the tribunal, and to pace their submissions to match the tribunal’s note-taking speed.

   

The tribunal also reflected on poor advocacy practices:

• Lack of eye contact, failure to respond to tribunal questions, and being overly dependent on notes were cited as common pitfalls.

• The tribunal discouraged attempting to mimic others’ styles or adopting a persona inconsistent with one’s own character.

   

Concluding Remarks

The London edition of the workshop reinforced the vital role that oral advocacy plays in international arbitration and offered young practitioners a practical platform to refine their skills. Participants were encouraged to:

• Know their case and the record inside out;

• Be honest and credible at all times;

• Focus on a clear, structured presentation;

• Anticipate tribunal concerns and engage with them meaningfully.

   

The event wrapped up with closing remarks from Godwin Tan (A&O Shearman), followed by a drinks reception sponsored by A&O Shearman and a networking social sponsored by Cornerstone Research, where participants and speakers continued conversations about oral advocacy.