Strategy & Experience
The flexibility and absence of strict procedural rules which typify Arbitral proceedings means that success is dependent of two key factors: Strategy and Experience.
Strategy is the key ingredient in any dispute resolution. Arbitral Tribunals only make decisions on what is put before them and in the way it is put before them. The process is adversarial. The parties, with their expert representatives, control what is put before the Arbitrators and how. Strategy makes a difference.
Strategy requires a rapid assessment of the best the client can achieve and how best to achieve that outcome, with the least cost and delay. The implementation of an overall strategy, in turn requires a myriad of strategic decisions along the way.
Experience is the second critical ingredient. The conception and implementation of a great strategy, requires the broadest experience – different areas of law, different industries, different Arbitrators and different cultures.
Only coal face experience teaches what works and why, in different places. Not just in devising an overall strategy but in dealing with the unforeseeable events along the way. An unfortunate document or answer in evidence, needs to be dealt with immediately and effectively. That ability only comes with the experience of running hundreds of hearings.