الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم ، المرافعات والجلسات

Pleadings and hearings

How common are oral closing
submissions and post‑hearing
briefs? Which is more effective?

Most interviewees explained that their
preference for post-hearing briefs over
oral closing submissions depends on the
complexity of the case, the length of the
hearing, and whether they feel they are
winning or losing the case. If the hearing is
long, includes many witness examinations
and introduces new facts, then it is often
preferable for counsel to take some time to
go through the transcripts, analyse new facts
and submit a focused post-hearing brief.
According to many arbitrators, post-hearing
briefs which include references to exhibits
and the hearing transcript can be a very
helpful resource when writing the award. To
avoid repetition in post-hearing briefs, many
other interviewees suggested that arbitrators
should limit the issues which counsel
may address and the number of pages.


الهيئة الدولية للتحكيم