2025年2月24日，
ICC主席克劳迪娅·萨洛蒙
于GAR Live Riyadh顺利发表主旨演讲——
如何在国际仲裁中获胜：七加一大关键策略
，提出了以下7+1点建议：
1. Know your theme 确定核心明主题
2. Know the principles of contract interpretation 建立框架析合同
3. Know your proofs 举证责任定目标
4. Diagram the case 案件结构分格局
5. Focus on the issues in dispute 聚焦争议夺胜机
6. Do not speak as you write 照本宣科误论辩
7. Do not use visual aids if they are not needed 冗杂展示落俗手
8. Read the rules 基础扎牢方偶得
In a keynote at GAR Live Riyadh,
ICC Court president Claudia Salomon
set out
seven practical strategies for winning an international arbitration
through written and oral advocacy.
Salomon began by noting that a lawyer will never be told by a client that winning or losing an arbitration does not matter. She cited tennis champion Martina Navratilova’s adage that: “Whoever said it’s not whether you win or lose that counts probably lost.”
She went on to describe seven ways to help counsel win cases, highlighting that effective written and oral advocacy are “skills that can be learned” and “will keep you on the road to success”.
First, she said
counsel must know what the case is about
, saying that her husband – a poet – would call this a “theme”. For example, describing a case as a breach of contract case was not specific enough, and that counsel should talk about
what makes the case interesting or unique
– perhaps by explaining the case in one sentence that tees up the basis of their argument.
She recommended practising describing a favourite movie or book in one sentence
, to find a way to engage a listener.
Know the principles of
contract interpretation
建立框架析合同
Salomon noted that
analysing the framework of contract interpretation
was a key part of making a case to a tribunal, but one she had seen parties “skip over” many times before scrambling to fit their case into the principles at the end of proceedings. She said
counsel should always start from the principles to structure their arguments as “coherently and persuasively as possible”
.
For example, Salomon said that under New York law, arbitrators have to determine whether the contract is ambiguous or unambiguous. Where it is ambiguous, extrinsic evidence may be considered – otherwise it cannot be included. She said she often sees lawyers forget this framework, and that these issues have to be decided before the tribunal can assess the weight of the evidence.
Third, Salomon said
counsel must know which party has the burden of proof, and what the standard is
– which is dependent upon the jurisdiction.
She said that
knowing which party has the burden is not enough
, because the standard concerns the degree of conviction the arbitrator must have to be satisfied the burden has been met.
Salomon pointed to a current “hot button issue” of the appropriate standard of proof for allegations of corruption in international arbitration, which the ICC’s corruption taskforce is considering.
Salomon’s next recommendation was to
create a chart with all the elements of a client’s claims and defences
, including the supporting evidence. She said this “diagramming” of a case should include the specific witness testimony, expert testimony and exhibits supporting those testimonies.
In this way, she said counsel could structure arguments in a coherent way and determine whether any evidence in support of the claim was missing – helping them to submit additional evidence or drop that claim and focus on the best arguments.
Salomon said the ICC Court frequently sees parties setting out all of the elements of claims for interest but not how they satisfy each element: such as the applicable interest rate, or whether it should be simple or compound.
Without proper substantiation, she said a tribunal would “easily reject” a claim
.
