Pre-Hearing Considerations in Arbitration Proceedings—Checklist

Drafting notes

When preparing for an arbitral hearing there are many logistical and practical considerations that need to be taken into account, planned and, often, budgeted for. This Checklist should help ensure you have considered the key practical aspects of a hearing in advance so that the process runs as smoothly as possible. This Checklist is not intended to be exhaustive and does not, for example, address the numerous legal issues that may be pertinent during an arbitral hearing.

Practical and logistical matters to consider in advance of a hearing:

Checklist	Notes
Basic considerations Check dates and times for all hearing days (and note any non-sitting days) Consider hearing sequence and time allocations In the event that the hearing is not private (which may be relevant in some investor-state arbitrations), consider what arrangements may be necessary to that effect Assess any security and data protection risks in advance and take appropriate precautions
Venue Room size—is the room an appropriate size for the number of attendees? Have you arranged sufficient numbers of break-out rooms for each party, any sequestered witness and the members of the tribunal?

Checklist

Notes

Basic considerations

Check dates and times for all hearing days (and note any non-sitting days)
Consider hearing sequence and time allocations
In the event that the hearing is not private (which may be relevant in some investor-state arbitrations), consider what arrangements may be necessary to that effect
Assess any security and data protection risks in advance and take appropriate precautions

Venue

Room size—is the room an appropriate size for the number of attendees? Have you arranged sufficient numbers of break-out rooms for each party, any sequestered witness and the members of the tribunal?