How to be successful in Arbitration - Secrets and Tips

BDLP is one of the best business law firms in Bangladesh and regularly takes part in commercial arbitrations.

Success in an arbitration proceeding often depends on thorough preparation, effective presentation of your case, and a deep understanding of the arbitration process. Here are some tips to help you be successful in an arbitration proceeding:

1. Understand the arbitration process: Familiarize yourself with the rules and procedures governing the specific arbitration forum you are in. This may include the rules of the arbitration institution, the arbitration agreement, and any applicable laws.

2. Choose the right arbitrator: You may have the opportunity to participate in the selection of the arbitrator(s) for your case. Consider the arbitrator’s background, expertise, and reputation when making your selection.

3. Prepare your case thoroughly: Gather all relevant facts, documents, and witness statements to support your position. Make sure you understand the legal basis for your claims or defenses and be prepared to present persuasive arguments.

4. Develop a clear and concise case strategy: Outline the key issues and arguments you will present during the arbitration hearing. Consider how you will frame your case to the arbitrator(s) and what evidence you will rely on to support your position.

5. Engage experienced counsel: Retaining experienced arbitration counsel can be beneficial in helping you navigate the process and present your case effectively. They can provide valuable advice on strategy, evidence, and legal arguments.

6. Prepare your witnesses: If you are planning to call witnesses, make sure they are well-prepared to give testimony. This includes reviewing their statements, ensuring they understand the issues, and practicing their testimony through mock cross-examinations.

7. Be organized and efficient: Prepare a well-organized set of documents and exhibits for use during the hearing. This will help you present your case more effectively and make it easier for the arbitrator(s) to follow your arguments.

8. Present your case persuasively: During the hearing, focus on the key issues and arguments that support your position. Use clear and concise language, and avoid unnecessary jargon or legalese. Be respectful and professional in your interactions with the arbitrator(s) and opposing counsel.

9. Be prepared for the unexpected: The arbitration process can sometimes take unexpected turns, so it’s important to be prepared for surprises. Be ready to adjust your strategy or respond to new information as needed.

10. Follow up after the hearing: Once the hearing is over, there may still be some work to do. This could include submitting post-hearing briefs, responding to questions from the arbitrator(s), or participating in settlement discussions. Be prepared to continue advocating for your position until the final award is issued.