The International Chamber of Commerce Qatar (ICC Qatar) held a panel discussion on “ Persuading the Tribunal”, the fifth in ICC Qatar’s monthly “Arbitration Series” as part of the 2017 programme of its Commission on Arbitration and ADR.
The seminar was delivered by Wayne Clark (pictured), Vice President and Head of Dispute Management with HKA (Hill International), who provided his views on ways in which the parties and their legal counsel may persuade the tribunal to find their favour.
Clark who is a Chartered Quantity Surveyor, Arbitrator and Mediator with over 40 years international experience reviewed the three main features of arbitration which are the procedure, the written submissions and the oral hearing.
According to him, the parties in the procedure juncture should look for early closure. He asserted that the Tribunal has a duty to conduct the arbitration in an efficient and cost-effective manner in accordance with the ICC Rules and Qatar’s Arbitration Law.
“The tribunal and the parties shall make every effort to conduct the arbitration in an expeditious and cost-effective manner,” the ICC Rules stated. He gave examples of the delaying procedural and tactical manoeuvres that parties might use while solving disputes by arbitration, , including appointment of arbitrators and experts, and requests for stay of proceedings.
The “Arbitration Series” follows the Commission’s charge to foster the development of trade and investment between Qatar and the international business community.
