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 2022:

  • Americas (applications now open!), in English, mainly for practitioners based in North America;
  • Asia, in English, for practitioners based or with an interest in Asia;
  • Construction (forthcoming), in English, for practitioners globally;
  • EMEA, in English, for practitioners based or with an interest in Europe, the Middle East and Africa; and
  • LatAm, in Spanish, for practitioners based or with an interest in the Americas and Europe.

Find out more below!


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 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. Click on the links to meet our faculties: Americas 2022, Asia 2022, Construction 2022, EMEA 2022 and LATAM 2022. In case you missed it, here is the teaser:

COURSE STRUCTURE & MENTORING

Both courses begin with a series of interactive theoretical 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, typically in the first half of the week 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. ROAP dedicatees have included the late Professor David D. Caron, Professor Gabrielle Kaufmann-Kohler, Toby Landau QC and Alexis Mourre. You can 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 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 an observer. As noted above, the neutral 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. 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.

APPLICATION & COSTS

Ready? Click here to apply for ROAP LATAM 2022 (applications for ROAP Asia 2022  and ROAP EMEA 2022 are now closed). The cost of each course is EUR 225 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 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.

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, 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'. 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 2022 _ Alvarez & Marsal, Arnold & Porter, Chaffetz Lindsey, Careers in Arbitration, Creel, García-Cuéllar, Aiza y Enríquez, DLA Piper, Ernest & Young, Foley Hoag, Hughes Hubbard & Reed, LONDAP, Three Crowns, Von Wobeser, WilmerHale.

For ROAP Asia 2022 _ AFIA, Allen & Overy, Alvarez & Marsal, Careers in Arbitration, Cecil Abraham & Partners, Cyril Amarchand Mangaldas, Herbert Smith Freehills, HFW, HKA, Lee & Ko, LONDAP, Nishimura & Asahi, Nishith Desai Associates, Shardul Amarchand Mangaldas, Schellenberg Wittmer, Three Crowns, WilmerHale, WongPartnership.

For ROAP EMEA 2022 _ Aluko & Oyebode, Alvarez & Marsal, ASAFO & CO., Bär & Karrer, Careers in Arbitration, Clifford Chance, CMS, Dechert, DLA Piper, Gornitzky, Grant-Thornton, HKA, King & Spalding, Knoetzl, Legance, LONDAP, Mayer Brown, Mazars, Miranda & Associados, Obeid & Partners,  Roschier, Three Crowns, Watson Farley & Williams, Zulficar & Partners Law Firm.

For ROAP LATAM 2022 _ Adell & Merizalde, Alvarez & Marsal, BMAJ, Bomchil, Bullard Falla Ezcurra +, Careers in Arbitration, Covington, Debevoise & Plimpton, Dechert, Ferrere, Galicia Abogados, HKA, KROLL, Linklaters, LONDAP, Miranda & Amado, Pinheiro Neto Advogados, Squire Patton Boggs, Three Crowns.