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DELOS UPDATES RULES AND INTRODUCES FURTHER INNOVATIONS

Dear Colleagues We are very pleased to share the first significant update to the Delos Rules of Arbitration, since being designed eight years ago. They come into force today, 1 November 2021. Drawing on the expertise and experience of our Board of Advisors and Arbitration Consultative Committee, the revisions complete the Rules and address recent developments, they mark an evolution reflecting Delos’s growing popularity, and they innovate by creating a new mechanism to support parties after the rendering of the award. We explain this more fully below. We are grateful to our dedicated Rules Revision Committee composed of Víctor Bonnín Reynés, Thomas Granier, Amélie Lucchese, Iain McKenny and Hafez Virjee, and wish to acknowledge the input and guidance of many colleagues, … Read More

DEVELOPING YOUR CAREER AS AN EXPERT WITNESS – ROAP ASIA 2021

Hamish Egan, CFA, CA, Associate Director at HKA, reporting on the ROAP 2021 Session of 6 July 2021: “Roadmap to becoming an expert witness”, published on 9 September 2021. As part of the inaugural Asia edition of the Remote Oral Advocacy Programme (ROAP) cross-examination training course organised by Delos, a number of both aspiring and experienced expert witnesses from sponsoring firms Alvarez & Marsal, HKA and PwC were able to provide cross-examination experience to aspiring advocates, while at the same time gaining valuable experience of giving expert evidence. These experts from each of the sponsoring firms met virtually to discuss the topic: “Roadmap to becoming an expert witness” This topic was discussed in detail amongst the participants on the call: … Read More

A CIRCLE FOR A TRIANGLE – GEOMETRY IN AID OF EFFICIENCY IN INTERNATIONAL ARBITRATION

Hafez R Virjee / Download article 26 March 2021 [*]  Abstract: The ‘iron triangle’ has been popularised in international arbitration as an illustration of the limits in the time and cost efficiency gains that can be achieved when set off against the trade-offs on the quality of the process. This article explains that the iron triangle is a misleading representation of how these questions balance out both at a systemic level and at an individual case level. As a result, it is ill-suited for policymaking or as a response to user calls for greater time and cost efficiency in international arbitration. Conversely, once the underlying assumptions have been spelt out and the realities of practice and market conditions factored in, … Read More

DEVELOPING YOUR CAREER AS AN EXPERT WITNESS – ROAP 2020

Dr Rachel Fenton, Senior Manager, Alvarez & Marsal, reporting on the ROAP 2020 Session of 1 December 2020: “Expert Careers – Questions (many), Answers (some), and Food for Thought”, published on 15 March 2021 As part of the first edition of the Remote Oral Advocacy Programme (ROAP) cross-examination training course organised by Delos, a number of aspiring expert witnesses were able to hone their skills at giving evidence. These expert witnesses along with the faculty members from sponsoring firms Alvarez & Marsal and PwC got together to explore the question: how do you develop a career as a damages expert witness? From the wide-ranging discussions with faculty members Ian Clemmence (PwC), Andrew Flower (Alvarez & Marsal), Sirshar Qureshi (PwC) and Luke … Read More

WELCOMING OUR EXPANDED BOARD OF ADVISORS

Left to right and top to bottom: Aisha Abdallah, Jose Daniel Amado, Neil Kaplan CBE QC SBS (President), Dr. Hassan Arab, Valeria Galíndez, Toby Landau QC, Ank Santens, Professor Maxi Scherer, May Tai, Paul Werné, Roland Ziadé As Delos continues to grow and gain traction internationally, including through the insertion of its arbitration clause, we are excited to announce that its Board of Advisors is expanding to include four new members, reflecting the institution’s increasing global reach: Aisha Abdallah, Valeria Galíndez, Paul Werné and Roland Ziadé (short bios below). They join existing Board members Jose Daniel Amado, Dr Hassan Arab, Toby Landau QC, Ank Santens, Professor Maxi Scherer and May Tai. Board President Neil Kaplan CBE QC SBS shares that “I am … Read More

FOUR PARTIES AND FOUR SETS OF COUNSEL TO EVERY DISPUTE

Mark Kantor, Keynote Address delivered on the occasion of Delos’s Inaugural Event in New York, on 11 December 2018, published on 20 January 2021 There are, in every arbitration, at least four parties and four sets of counsel. Two of them are very familiar to all of us. They are the claimant and the respondent – once the dispute has crystalized, the disputing parties – and their counsel in that dispute, claimant’s counsel and respondent’s counsel. But there are two other parties and two other sets of counsel. They are the transactional contract counterparties – back when the contract or transaction was being put together. When we were all optimists. There were never going to be disputes. If there were … Read More