How a case is staged
Once the request and the answer are exchanged, the first major task is forming the tribunal, either through party nominations or appointment by the institution. The tribunal then usually holds a case management conference and issues an early procedural order fixing the timetable, the format of submissions, and the approach to documents. Written submissions in international arbitration practice are typically full briefs filed with the evidence attached, including witness statements and, where needed, reports from independent technical witnesses. The hearing is often shorter than a U.S. trial because much of the direct evidence is already in writing, and cross-examination takes up most of the hearing time.
Documents, costs, and the people involved
Document production is usually narrower than American discovery. Parties often request specific documents or narrow categories they can justify, and many tribunals take guidance from the IBA Rules on the Taking of Evidence. Costs include the arbitrators' fees and the institution's charges as well as legal fees, and tribunals often have power to shift some costs to the unsuccessful side, so cost exposure is part of the strategy from the start. Witnesses may need preparation for testimony in a second language or through an interpreter. Keeping the internal team's records organized saves a great deal of time when submissions are due.
What we do at the outset
When we take on an international arbitration, we start with the clause, the applicable rules, and any deadlines already running under them. We identify the witnesses and documents that will carry the case and put a preservation notice in place. We discuss the choice of arbitrator, one of the most consequential decisions a party makes, and the likely budget for each stage. We also consider whether interim relief is needed, whether settlement talks should run in parallel, and where any award would need to be enforced. Throughout the case, we keep you informed of the procedural calendar so that business decisions can be planned around it.
