Pre-hearing Meeting Agenda Guideline

Pre-hearing Meeting Agenda Guideline

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Pre-hearing Meeting Agenda Guideline

  1. Preliminary Meeting
    1. Who should attend?
    2. When should it take place?
    3. In person, conference telephone or video?
    4. Use of Procedural Orders by the Tribunal.
    5. Method of communication with Tribunal.
    6. Confidentiality.
  2. Constitution of Tribunal and Jurisdiction
    1. Obtain confirmation that Tribunal is duly constituted.
    2. Any jurisdiction issues?
  3. Applicable Laws and Rules
    1. Substantive law provided in contract.
    2. Procedural law of seat.
    3. Procedural rules: ad hoc, institutional or UNICTRAL?
  4.  Pleadings
    1. Pleadings and/or memorials.
    2. Are they complete?
    3. If not, fix what is to be delivered by whom and on what date.
    4. Consider limitations on length.
  5.  Hearing
    1. Why dates of hearing should be agreed to and fixed now or as soon as possible.
    2. What length of hearings and who decides?
    3. Location of hearing.
    4. Booking of rooms, whose responsible.
    5. Transcription of hearing.
    6. Language/translators.
  6. Pre-hearing Procedures, Bifurcation and Dispositive motions
    1. Use of witness statements instead of direct evidence given in person
    2. Schedule for delivering of witness statements.
    3. Avoidance of repetitive evidence.
  7. Experts
    1. Will there be expert evidence and if so on what issues/subjects?
    2. Should Tribunal retain its own expert?
    3. How will the experts give their evidence: hot-tubing? Join report?
    4. Set schedule for delivery of expert reports and expert reply reports.
    5. Certificate of Independence.
  8. Production of Documents
    1. Production by parties of relevant documents versus production of documents following a demand.
    2. Electronic document production issues.
    3. Schedule for the delivery of documents.
    4. Motions to resolve issue arising from documents production; procedures and timing
    5. Document books or bundle format? Individual or joint? Searchable?
    6. Schedule for delivery of bundles to Tribunal.
    7. Stipulation that all documents used at hearing must have been produced beforehand and cannot be used without leave.
  9. Pre-hearing Oral Examination
    1. Will these be needed if witness statements are employed
    2. Number, time limits.
    3. Use of interrogatories
    4. Procedure for refusals – all questions to be answered, except privilege admissibility determined at hearing,
    5. Use of transcripts at hearing.
  10. Pre-hearing Matters
    1. Agreed Statement of Facts: counsel to confer and produce prior to hearing.
    2. Agreed Statement of Issues .
    3. Pre-hearing briefs; schedule and length limitations.
    4. Appointment of hearing time.
    5. Pre-hearing case conference with Tribunal to discuss outstanding issues.
  11.  Closing Arguments
    1. Oral argument at close of hearing?
    2. Written argument post-hearing?
    3. Declaration by Tribunal of closure of proceedings?
    4. Indication by Tribunal as to when award will be delivered.
    5. Transcribe?
  12. Other Organizational and Administrative Issues
    1. Deposits? Amounts and where held?
    2. Arbitrators’ fees and expenses.
    3. Cancellation policies.
    4. Settlement/mediation issues.

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