DELOS CROSS-EXAMINATION TRAINING
A hallmark of our field is the need for, and for many the desire and stimulation that comes from, ongoing learning and skills development. In addition to the multiple resources it makes available, Delos offers various training, including on cross-examination:
In his well-known quote, Professor Wigmore wrote in 1923 that cross-examination is "the greatest legal engine ever invented for the discovery of truth" (3 Wigmore, Evidence §1367). But, for the advocate, is this about discovering the truth, or their party's truth? Is this about discovering what is true, showing what is true, or casting doubt about the truth of that which cannot withstand challenge? (Jack Nicholson will have his own truth.)
The Delos courses on cross-examination seek to answer these questions and more. Indeed, cross-examination has become a routine feature of international arbitration hearings, and a skillset that advocates of every background, civil and common law, eventually need to become familiar with and hopefully master. For associates, this often begins with writing question lines for their team's advocates at the hearing. As for arbitrators, understanding the dynamics of a cross-examination helps in turn with assessing the evidence before them.
Delos offers two courses on cross-examination: one focusing on quantum issues, and the other on construction (delay and disruption) issues, as part of the Delos Remote Oral Advocacy Programme (ROAP). The courses take place annually, last about six months, and involve the following:
1. small-group interactive teaching by the leading practitioners on the faculty (scheduling takes into account your availability);
2. practice sessions with tailor-made case studies before mock-tribunals followed by detailed faculty feedback (scheduling takes into account your availability). The practice sessions provide participants with the opportunity to take the claimant and the respondent perspectives, and also see a cross-examination from the perspective of the tribunal;
3. the opportunity to work closely with an expert to help with analysis of the materials and preparation of the cross-examination;
4. mentoring by the faculty;
5. networking with peers across a wide region, including online social events;
6. insights into the particularities of appearing remotely at a hearing; and
7. the opportunity to participate in public finals before a tribunal of world class arbitrators (see examples here).
For the quantum training, four editions are on offer (click on the links to find out about the faculty for each edition): Americas, which typically runs from September to April; Asia, from February to July; EMEA, from April to October, with a break for the summer; and LATAM, in Spanish, from June to November. The Construction edition takes place between September and April.
You can sign up here to be notified when applications open, which is usually six weeks prior to the start of an edition. Priority is given to colleagues from the geographical region for that edition (if applicable) with at least 3 years of experience practising international arbitration as an associate. The average and median seniority of each cohort is 4-6 years PQE, and the range is about 1-15 years PQE.
Explore our ROAP Public Video Library