Chapter 7 discusses the various rules that govern arbitration proceedings and issues that may arise. The chapter focuses on the process of arbitration, including the preliminary hearing, obtaining evidence, and presenting both documentary evidence and witness testimony. Scheduling hearings should be done early in the process, considering the availability of arbitrators, lawyers, parties and witnesses. Virtual hearings became much more common during the global pandemic due to cost and time efficiency. However, challenges related to cybersecurity, data protection, technical knowledge, accessibility, and witness testimony must be addressed in virtual proceedings. The future of hearings may involve a combination of virtual and in-person elements, depending on the preference and circumstances of the parties.

The second part concludes with a chapter on effective advocacy before the ICJ, by Samuel Wordsworth QC and Kate Parlett. It examines both written and oral advocacy before the Court, with the fundamental objective of the advocate in all cases being to persuade, making it essential to consider what will be of most utility to the judges when they come to reach a decision on the case. They also emphasise the significant role the advocate has to play in the pre-litigation stage and in early procedural exchanges: she or he must bear in mind that they have a dual function of presenting the best case for the client to the Court, while also persuading the client as to the most effective way in which to do that.

This chapter takes a break from ICJ proceedings and turns to international trade litigation. In Brussels, Commission lawyers Jasper Schoonraad and Duncan Doyle are preparing the European Union’s defence in a WTO dispute about imports of palm oil. The chapter is devoted to the difficult business of making a persuasive case before an international court, and reviews the building blocks of a good written brief. The skilful collection and organization of factual evidence, the ability to formulate legal arguments that resonate with the judges’ sensibilities, and the reputation of counsel in their professional environment are the elusive hallmarks of success as an international litigator. However, what distinguishes an excellent brief is its internal logic. To make a truly strong case, the counsel must develop a tight and coherent narrative that provides the court with the means to comfortably rule in their client’s favour.