decision-makers, the arbitrators, and this also requires careful client management to align their expectations with the processes and procedures the tribunal is likely to require. Legal and cultural differences can be categorised as substantive or procedural. Striking the right balance in approach is crucial for effective strategy and advocacy. Misunderstanding procedural nuances can lead to missed opportunities that enhance or weaken a case before and during the final hearing, as well as in post-hearing submissions. Failing to grasp the details and nuances of the governing law will very likely be fatal. With experience in hundreds of cases involving various laws, I have developed keen instincts. In cases where the applicable law is not English law, I often co-counsel with qualified foreign lawyers or engage them as expert witnesses on the governing law. How do you manage client expectations, especially in highstakes international disputes? Clients rarely enjoy the process of litigating international disputes, which can take years and cost millions in legal fees while demanding significant time from management and witnesses. The best way to manage client expectations is to be open and honest about the process, outlining the likely path to an award while explaining the timing and magnitude of expected demands based on the specific circumstances of their case. Clients appreciate understanding the various interlocutory measures available, how they might benefit from them, and the likely strategies of their opponents. Routine scheduled meetings with clients to discuss the case’s progress and what’s on the horizon (so they know who is doing what and why) is critical to ensuring client buy-in. These meetings should involve key decision-makers and those responsible for the case’s conduct, minimising what clients dislike most—surprises. How do you anticipate the field of international arbitration evolving in the next decade? I believe international arbitration will continue to thrive due to its unmatched advantages. It produces final awards that are generally unchallengeable (except in limited circumstances) and widely enforceable globally as if they were 14 LAWYER MONTHLY OCTOBER 2024 The best way to manage client expectations is to be open and honest about the process, outlining the likely path to an award while explaining the timing and magnitude of expected demands based on the specific circumstances of their case.
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