3PB
An Introduction to Pleadings in International Arbitration: Practice and Procedure
17 Jun 2024
Location: 12:00-1:00pm UK Time (Zoom) Members: FREE to attend - Book by 17 Jun Non Members: Register above as a member, and attend for FREE - Book by 17 Jun
Highlights
One of the first tasks of a Tribunal, seized of jurisdiction, is to determine the form of pleadings in the arbitration. Most arbitration laws do not make express provision for rules of evidence. Institutional rules usually leave it to the arbitral tribunal to determine matters of evidence and procedure. It is usual therefore, in most cases, for one of the first directions of the Tribunal to be an order for comprehensive written pleadings.
But what are these? Confusingly, these can be known by a variety of names: memorials, briefs, statements of case and defence, and statements (or points) of claim and defence, rejoinders, replies and so on. And debate still is ongoing about the best approach: Should they mirror those used in court proceeding? Which is better - pleadings or memorials? Should the exchange be sequential or not?
Key Discussion Topics Include:
- Current legal views on pleadings in international arbitration.
- Examinations of the nature, form, content and purpose of pleadings, with reference to institutional requirements and with one eye on differing views.
- Understandings of practitioners from different jurisdictions when it comes to this important part of the procedure.
Barrister
3PB
David Parratt KC (Scot) is a busy barrister, advocate and arbitrator. David has extensive court experience and regularly negotiates settlements in multi-million pounds claims. He is often involved in complex international commercial disputes.
David’s practice covers his key experience and interests in arbitration, construction & engineering claims, energy disputes (including oil/gas upstream claims), general commercial litigation and commercial contracts.
He is a practising barrister in England & Wales and was called in 2009 (Lincoln’s Inn). He is an non-practising member of the Faculty of Advocates (Scottish Bar), having practiced from 1999 to 2020 - taking Silk in Scotland in 2017. He is also a non-practising member of the Northern Irish Bar, calling in 2016.
3PB
Barrister
3PB
Nick Kaplan specialises in commercial and contractual disputes, with a particular emphasis on construction and engineering.
Nick has detailed knowledge of the full range of construction issues and has dealt with a wide variety of both contentious and non-contentious matters. His experience includes: payment disputes, delay claims, claims for defective works, claims arising from defective construction materials and associated product liability, construction professional negligence, enforcement of adjudicators’ decisions and recovery of adjudicators’ fees and expenses.
Prior to joining Chambers, Nick worked in the Construction and Engineering Department of a leading City law firm. His work was particularly focused on advising and preparing submissions in relation to complex and high-value construction adjudications. In that capacity Nick also gained experience defending clients in a number of Health and Safety prosecutions by the HSE, and is familiar with the range of health and safety challenges that those in the construction sector face.
3PB
Partner
HFW
Damian joined HFW in 1997. Damian advises commodity traders, producers, financiers and insurers on all aspects of their business, including in particular physical and financial sale and purchase, finance and transportation. He assists and represents clients in dispute resolution in energy and natural resources related matters. He specialises in particular in energy and bulk commodities and metals, working with clients on matters such as trade finance (prepayments and repos) sale and purchase documents (MSPAs, GTCs SPAs), storage arrangements, commodity derivatives, and operational and legal issues that arise day to day in energy and natural resources businesses. He has been involved in a significant number of issues which have arisen out of the changes in the commodity markets, for example: LME warehousing queues, MF Global, Qingdao, and most recently FM / frustration and market volatility issues arising out of Covid-19.
HFW
Managing Associate
Keidan Harrison (London)
Srishti is a commercial disputes lawyer with a focus on international arbitration. Srishti has a particular interest in and focus on India-related disputes and she continues to develop and maintain connections in the region.
Srishti’s practice focuses on complex, cross-border, high-value commercial disputes including both litigation and international arbitration. Srishti has considerable experience in advising clients (both corporates and high net worth individuals) globally on contractual and shareholder/joint venture disputes, fraud and asset tracing matters, insolvency issues, interim relief applications, jurisdictional matters and enforcement actions. She has acted as counsel for multinational clients in commercial disputes before various courts and tribunals in India and the US as well as in ad hoc and institutional arbitrations under various arbitral rules (including the ICC, SIAC, LCIA and UNCITRAL rules). In addition, Srishti has substantial experience in advising and representing investors and states in investment treaty arbitrations under the ICSID rules.
Srishti’s experience spans a number of sectors, including banking, mining, oil and gas, energy, telecommunications, construction and infrastructure, pharmaceuticals and hospitality. Her work has included disputes across various jurisdictions, including Africa, India, Singapore, Turkey, South Korea, Middle East, England and the Americas.
Srishti is also experienced in ADR, including both mediations and without prejudice negotiations. Prior to joining Keidan Harrison LLP, Srishti worked at the London office of LALIVE, Debevoise & Plimpton and Three Crowns. Before moving to London in 2017, she was a disputes associate at Trilegal, a leading law firm in India and Stokes Wagner, a boutique disputes firm in New York. She is admitted to practice in England & Wales, New York and India.
Keidan Harrison (London)
Agenda
Speakers:
David Parratt KC - Barrister - 3PB
Nicholas Kaplan - Barrister - 3PB
Damian Honey - Partner - HFW
Srishti Jain - Managing Associate - Keidan Harrison (London)