TRAINING

DELOS SUPPORTS ARBITRATION PRACTITIONERS AND IN-HOUSE COUNSEL WITH PRACTICAL, SKILLS-BASED TRAINING

REMOTE ORAL ADVOCACY PROGRAMME (ROAP)

Are you keen to develop your oral advocacy skills, do you wish to hone your cross-examination techniques? Are you ready to engage with remote hearings? Would you like to be mentored by leading international arbitration advocates?

Welcome to Delos's advanced oral advocacy training programme in international arbitration. Following the successful inaugural edition in 2020, three editions are on offer for 2021: Asia, in English, for practitioners based in Asia, EMEA, in English, for practitioners based in Europe, the Middle East and Africa, which also welcomes colleagues in North America (apply here), and LatAm, in Spanish, for practitioners based in the Americas and Europe (applications April-May 2021). Find out more below.


Join Delos and its faculty of leading practitioners (meet our Asia 2021 Faculty and our EMEA 2021 Faculty) for an advanced oral advocacy training programme. Two courses are on offer: one focused on oral submissions; and the other dedicated to cross-examination of quantum experts. Apply here for the Asia 2021 Edition, and here for the EMEA 2021 Edition.

Below, you can find information about the structure of both courses, the features specific to each one, information on how to apply and costs, and the list of supporting organisations for this innovative programme. In case you missed it, here is the 2021 teaser:

COURSE STRUCTURE & MENTORING

Both courses begin with a series of interactive theoretical sessions over two months. Each session is run 2-3 times, each time with different faculty members, so as to have small interactive groups and adapt to everyone's schedules. A recording of the sessions is made available to the participants. During this time, participants are also given the materials for the practice sessions, so that they may prepare in advance.

The practice sessions take place during the following three months, typically on Mondays or Tuesdays so as to reduce conflicts with filings and facilitate advance diary organisation. Practice sessions are recorded and the recording shared only with the course participants involved in the given session so that they may review their performance subsequently. Find out more about the practice sessions below.

The programme concludes with public finals featuring the most persuasive and skilled participants on each course, before a tribunal of leading international arbitrators chaired by or in honour of the dedicatee for that ROAP edition. For ROAP 2020, the dedicatee was the late Professor David D. Caron; for ROAP Asia 2021, the dedicatee is Toby Landau QC.

Finally, every participant is assigned a mentor from the faculty who will follow them through to the conclusion of the programme. Participants enrolled in both courses are assigned two mentors – one for each course.

ORAL SUBMISSIONS COURSE: SPECIFIC FEATURES

Participants each get four practice sessions over the course of three months, with two on either side of a mid-term break. The practice is based on issues in publicly available awards that could have been decided either way, taking into account how the parties’ positions are presented in the award.

Across their four sessions, participants take once the role of counsel for claimant, once as counsel for respondent, once as tribunal, and once as either tribunal or observer.

Because team work is an important part of case preparation, each practice session opposes two counsel for each side, i.e. there are two counsel designated as claimant, and two counsel designated as respondent. Each side gets a total of 40mn for their pleadings. Participants therefore need to coordinate their positions with their co-counsel ahead of making their oral submissions. We also see this as an opportunity for participants to build strong relationships with the rest of the group. In this spirit, the best advocates, as rated by the other participants, are selected for the finals that conclude the course.

At the close of counsel's pleadings, time is reserved for tribunal questions. Following a short break, each side gets 10mn to make closing submissions, before a private debrief session. The tribunal role recognises that it is key for effective advocates to understand the perspective of the decision-maker.

In order to replicate the 'sweaty palms' experience, practice sessions are held as remote hearings (more on this here), and broadcast live and advertised as webinars.

CROSS-EXAMINATION COURSE: SPECIFIC FEATURES

Participants each get three practice sessions: one as counsel for claimant, one as counsel for respondent, and one as a tribunal member alongside two members of the faculty. As noted above, the tribunal role recognises that it is key for effective advocates to understand the perspective of the decision-maker.

In their counsel roles, each participant cross-examines the opposing side's expert with a time budget of up to 50mn, with additional time reserved for redirect and tribunal questions. Claimant does its cross first, followed by respondent. Following a short break, counsel make 5mn closing submissions each. Sessions conclude with a debrief and feedback. As will be apparent, team work is important on this course too, particularly between the quantum expert and the participant presenting the quantum expert.

APPLICATION & COSTS

Ready? Click here to apply for ROAP EMEA 2021 (applications for the LATAM edition will open later in the year; applications for ROAP Asia are now closed). The cost of each course is EUR 145 excl. VAT. This amount is subsidised by the sponsorship received for the course, and Delos full Members receive a 25% discount. If you consider that you have a special needs situation, you can raise this with Delos confidentially by writing to roap@delosdr.org. Please note that, once payment has been made, no refund will be processed; but the registration can be transferred to another participant with Delos's agreement.

About VAT: the ROAP courses are subject to the VAT rules applicable in the UK. The rate is 20%. This gets applied if you are (i) based in the UK or (ii) paying for the course yourself, in your individual capacity, wherever you may be – as opposed to doing so through a non-UK law firm or other business. If you are paying for the course through a non-UK law firm or non-UK business, please provide your EU VAT number or, if you are outside of the EU, your law firm or company registration number. If you want to show that you are a business using other means, please write to us at roap@delosdr.org.

ADDITIONAL NOTES

There has been some variation in terminology as to whether hearings held by way of video-conference should be described as 'virtual', 'online' or 'remote'. For the reasons developed by Prof. Maxi Scherer in "Remote Hearings in International Arbitration: An Analytical Framework", Journal of International Arbitration (Kluwer Law International 2020, Vol. 37(4)), at section 2, the term 'remote' is to be preferred, hence the present description of the programme as relating to 'remote oral advocacy'.

SUPPORTING ORGANISATIONS

We are grateful for the support of the following organisations:

For ROAP Asia _ AFIA, Allen & Overy, Alvarez & Marsal, AnJie Law Firm, Baker & McKenzie, Careers in Arbitration, Cecil Abraham & Partners, Cyril Amarchand Mangaldas, Clifford Chance, Clyde & Co, Herbert Smith Freehills, HKA, Lee & Ko, LONDAP, Nishimura & Asahi, Nishith Desai Associates, PwC, Shardul Amarchand Mangaldas, Schellenberg Wittmer, Three Crowns, WilmerHale, WongPartnership.

For ROAP EMEA _ Aluko & Oyebode, Alvarez & Marsal, ASAFO & CO., Baker McKenzie Habib Al Mulla, Bär & Karrer, Careers in Arbitration, Clifford Chance, CMS, Dechert, Gornitzky, HKA, King & Spalding, Knoetzl, Law Linguists, Legance, LONDAP, Mayer Brown, Miranda & Associados, Noerr, PwC, Three Crowns, Watson Farley & Williams, Zulficar & Partners Law Firm.