Arbitration is not litigation with a different letterhead. Procedure and evidence are mostly built by the parties, which means the rules of engagement are themselves part of the contest. We design arbitration procedure and evidence strategy, covering document production, witness testimony, expert evidence, and hearing conduct under institutional and ad hoc rules, so the process plays to your strengths instead of your opponent's.
Shaping The Procedural Order
The first procedural order sets the tempo for the whole case. We negotiate that framework hard, pushing for schedules, page limits, and disclosure scope that fit your position rather than the other side's. We adapt to civil-law and common-law instincts on the panel, and we use the IBA Rules on the Taking of Evidence as a shared reference point when arbitrators come from different legal traditions and expect different things.
Document Production
Arbitral disclosure is narrower than U.S. discovery, and that is a feature to exploit. We draft tailored Redfern Schedule requests that get the documents that matter, and we resist sprawling demands designed to bury you in cost. With our software background, we handle electronic evidence, source code, and large data sets efficiently, scoping searches so production stays proportionate and the truly relevant material actually surfaces.
Witnesses And Experts
Most arbitrations rise or fall on witness statements and expert reports rather than live surprises. We prepare fact witnesses and develop expert evidence on damages, technical, and industry questions, then test the other side's experts through written rebuttal and cross-examination. We are comfortable with witness conferencing, or hot-tubbing, where competing experts are questioned together and the technical disagreements get exposed in real time.