🚀 GAR Live Istanbul 2024 was organized for the 11th time on 27 June. The event co-chaired by Utku Cosar and Steven Finizio was another round of success.
💡 Here are a few takeaways prepared by our intern Başak Arıcan and partner Leyla Orak Çelikboya:
⚖ One of the most critical decisions in arbitration proceedings is the choice of arbitrators. The arbitrator must be knowledgeable on the key issues in dispute, able to conduct proceedings and render an award in the language of arbitration, and their schedule must allow them to properly handle the case. One should not stop here though: Counsel must conduct proper due diligence on both previous experience and the approach of the arbitrator. It should be a case-by-case analysis: choices will differ depending on whether a case is strong on the letter of the law and contract, or on the story.
🔍 Early case assessment needs to be prioritized. From deciding on whether to initiate the proceedings, to determining the timing on submissions on merits, document production and experts, the entire strategy needs to be crystallized from the outset. It is better to plan than to go with the flow.
🔸Simplicity is your friend. This goes for design. This goes for debating. This goes for arbitration just the same. The simpler one can put their story and case, the stronger the result.
⛔ Approach to document production is strongly affected by the legal culture of arbitrators, parties and counsel. The scope of attorney-client privilege for instance materially differs across jurisdictions. It is best to manage expectations from the beginning of proceedings.
🏢 Institutions vary in their approach to arbitrator appointments and to scrutiny. One thing that remains constant is that all institutions aim to provide high quality services and to facilitate the process in the conduct of arbitration proceedings. It is best to be proactive and engage in dialogue with the institutions in advance for any issues that may arise, such as delays.
📐 Experts continue to be an indispensable part of arbitration, be it regarding quantum, delay, or legal expertise. For each case, to avoid “ships passing by in the night”, handling of experts need to be assessed both by counsel and the arbitrators in the early stages of the proceedings.
🤖 AI is here to stay. It is crucial to assess how existing regulations will apply, where new regulations are required, and how, for instance, the upcoming EU AI Act will impact arbitration practitioners. AI tools, while necessitating scrutiny regarding correct outputs and confidentiality, certainly assist us and help save material time. However, for the foreseeable future, the human element in arbitration proceedings, including human bias, is also here to stay.
🏆 Shared insights and experience prove once again: arbitration is only as good as the arbitrators and the counsel who shape the process.
Global Arbitration Review #GAR #arbitration
This morning we kicked off GAR Live: Istanbul at Çırağan Palace Kempinski, Istanbul with a fireside chat with Doguhan Uygun, Professor Dr. Maxi Scherer and Nadia Darwazeh.
We are about to wrap up the second panel on 'Improving efficiency: document production and case management' with:
- Diora Ziyaeva, partner, Dentons
- Ayse Yazici Adanir, partner, YAZICI Attorney Partnership
- Baran Alpturk, counsel, Hergüner Bilgen Üçer
- Nadja Jaisli, partner, Bär & Karrer
- Damián Vallejo, partner, Dunning Rievman & MacDonald LLP
#GARLive #GARLiveIstanbul
Non-Executive Director with portfolio of investment fund clients
2wThanks very much for a great evening. It was lovely to spend time with so many friends, former colleagues and clients. I enjoyed myself so much that I was inspired to compose a short song about one of my fellow guests...