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. Five editions are on offer for 2023: Americas, Asia, Construction, EMEA and LATAM. Find out more below, and explore testimonials here!


Join Delos and its faculty of leading practitioners for an advanced training programme on oral advocacy. Two courses are on offer: one focused on oral submissions; and the other on cross-examination of quantum experts. ROAP was nominated for the 2021 GAR Award for Innovation.

Below, you can find out about both courses and the features specific to each one, information on the different editions and their timelines, how to apply and costs, and the list of supporting organisations for this innovative programme. Click on the links to meet our faculties: Americas 2023/4, Asia 2024, Construction (EMEA) 2023/4, EMEA 2024 and LATAM 2024, and explore the testimonials. In case you missed it, here is the teaser:

COURSE STRUCTURE & MENTORING

Both courses begin with a series of interactive teaching sessions spread out 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. 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. Past dedicatees include the late Prof. David D. Caron, Prof. Gabrielle Kaufmann-Kohler, Toby Landau KC, Alexis Mourre, Funke Adekoya SAN and Jean Kalicki. You can find out about ROAP dedicatees, and watch their dedication events and the finals that took place before them or honouring them here.

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 3-4 practice sessions over the course of three months, with 1-2 on either side of a mid-term break. Across their various sessions, participants take once the role of counsel for claimant, once as counsel for respondent, and once or twice a neutral role as tribunal member or observer: it is key for effective advocates to understand the perspective of the decision-maker. Each practice session takes place before a tribunal chaired by a faculty member.

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.

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.

At the close of counsel's pleadings, time is reserved for tribunal questions. Following a short break, each side gets 10mn to make rebuttal submissions, before a private debrief session.

CROSS-EXAMINATION COURSE: SPECIFIC FEATURES

Participants each get 3 practice sessions: one as counsel for claimant, one as counsel for respondent, and one as an observer. As noted above, the neutral role recognises that it is key for effective advocates to understand the perspective of the decision-maker. Each practice session takes place before a tribunal chaired by a faculty member.

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. Respondent cross examines claimant's expert first, followed by claimant's examination of respondent's expert. 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.

EDITIONS, GEOGRAPHIC SCOPE & TIMELINES

In chronological order of when the different editions take place during the year:

  • ROAP Asia: in English, for practitioners based or with an interest in Asia. Applications are typically open in December-January, the edition kicks off in February, the teaching sessions take place in February-March, the practice sessions in April-early July, and the finals in late August-early September.
  • ROAP EMEA: in English, for practitioners based or with an interest in Europe, the Middle East, and Africa. Applications are typically open in February-March, the edition kicks off in April, the teaching sessions take place in April-May, the practice sessions in June-early July and September-early October, and the finals in November.
  • ROAP LATAM (Aplicaciones abiertas): in Spanish, for practitioners based or with an interest in the Americas and Europe. Applications are typically open in April-May, the edition kicks off in June, the teaching sessions take place in June-early August, the practice sessions in August-November, and the finals in December.
  • ROAP Americas (Applications open!): in English, for practitioners based or with an interest in North America. Applications are typically open in June-August, the edition kicks off in September, the teaching sessions take place in October, the practice sessions in November to mid-December and mid-January to February, and the finals in March.
  • ROAP Construction (EMEA) (Applications open!): in English, for practitioners in Europe, the Middle East, and Africa. Applications are typically open in June-August, the edition kicks off in September, the teaching sessions take place in October, the practice sessions in November to mid-December and mid-January to February, and the finals in March.

APPLICATION & COSTS

Ready? Applications are now open for ROAP LATAM 2024, ROAP Construction (EMEA) 2024/5, and ROAP Americas 2024/5!

The cost of each course is EUR 300 excl. VAT. This amount is subsidised by the sponsorship received for the course, and Delos full Members receive a 20% discount. If you consider that you have a special needs situation, you can raise this with Delos confidentially by writing to roap@delosdr.org and apply for a discount or sponsorship. 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.

Participants based in jurisdictions other than those in the following list will benefit from an automatic 10% reduction of course fees: Andorra, Australia, Austria, Bahrain, Belgium, Canada, China, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Israel, Italy, Japan, Korea, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico,  Netherlands, New Zealand, Norway, Oman, Poland, Portugal, Qatar, Russia, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Arab Emirates, United Kingdom, United States.

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 or on behalf of a non-UK law firm or other business. If you are paying for the course through or on behalf of a non-UK law firm or non-UK business, we may ask you to provide us with your EU VAT number or, if you are outside of the EU, your law firm or company registration number, or to demonstrate through other means that you are a business.

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'. See here for further resources on remote or virtual hearings.

SUPPORTING ORGANISATIONS

We are grateful for the support of the following organisations:

For ROAP Americas 2023/4 _ Alvarez & Marsal, Arnold & Porter, Chaffetz Lindsey, Careers in Arbitration, Creel, García-Cuéllar, Aiza y Enríquez, DLA Piper, Ernest & Young, Foley Hoag, Hughes Hubbard & Reed, Osler, Latham & Watkins, LONDAP, Three Crowns, Von Wobeser, WilmerHale.

For ROAP Asia 2024 _ AFIA, Alvarez & Marsal, Careers in Arbitration, Cecil Abraham & Partners, Cyril Amarchand Mangaldas, HFW, HKA, Nishith Desai Associates, Paris Arbitration Centre, Peter & Kim, Shardul Amarchand Mangaldas, Schellenberg Wittmer, Three Crowns, WilmerHale, WongPartnership.

For ROAP Construction (EMEA) 2023/4_Accuracy, Arbitra, Careers in Arbitration, Clyde & Co, Darrois Villey, Maillot Brochier, Freshfields Bruckhaus Deringer, Herbert Smith Freehills, LONDAP, Mayer Brown, Reed Smith, Secretariat, Shearman & Sterling, Three Crowns.

For ROAP EMEA 2024 _ Accuracy, Alvarez & Marsal, Bentsi-Enchili - Letsa & Ankomah, Bonelli Erede, Careers in Arbitration, Clifford Chance, Fatur Menard, Fieldfisher, Freshfields Bruckhaus Deringer, Gornitzky, Hanefeld, HKA, King & Spalding, Knoetzl, Mazars, Miranda & Asociados, Paris Arbitration Center by Delos, Shearman & Sterling, Signature, Three Crowns, Watson Farley & Williams, Withers LLP, Zulficar & Partners Law Firm.

For ROAP LATAM 2024 _Accuracy,   Alvarez & Marsal, Bomchil, Bullard Falla Ezcurra +, Careers in Arbitration, Conexing, Covington, DAS, Debevoise & Plimpton, Ferrere, Freshfields Bruckhaus Deringer. Galicia Abogados, HKA, Jana & Gil Dispute Resolution,  KROLL, Linklaters, Paris Arbitration Center by Delos and Pinheiro Neto Advogados.