Dr. Anke Sessler on Ensuring Efficient Arbitral Proceedings
We had the opportunity to attend a practical lecture by Dr. Anke Sessler, a retired partner in the International Litigation and Arbitration Division at Skadden, Arps, Slate, Meagher & Flom. Dr. Sessler gave us valuable insights into how arbitrators, in-house lawyers, and counsel can influence the efficiency and duration of arbitration at every stage of the proceedings.
Dr. Sessler provided us with nine tools to help practitioners ensure an efficient arbitral proceeding. To keep this report concise, I will focus on just three: Dispute Prevention and Preparation, Active Case Management, and Recent Developments.
First, Dr. Sessler outlined dispute-prevention and readiness measures, including carefully drafting contracts and conducting quality checks before signing to avoid inaccuracies. If issues arise, parties should use available remedies and consider a claims manager for large projects. She also emphasized the importance of conducting an early case assessment, assembling an appropriate team with clearly defined roles, setting step-based budgets, monitoring costs, and alerting clients to cost overruns.
Furthermore, Dr. Sessler shared active case management tips to speed arbitration, such as setting a clear timetable during the case management conference, choosing between inquisitorial and party-driven procedures, and managing document production under the IBA Rules or Prague Rules using a Redfern Schedule, among others.
Finally, among the recent developments Dr. Sessler shared with us were online case management tools such as ICC Case Connect, AAA WebFile, and DIS eFile, which can improve arbitral proceedings. She also explained that tribunals are encouraged to hold a midstream conference to set the next procedural steps and explore whether the parties would like either a preliminary, non-binding assessment of the dispute or settlement talks moderated by the tribunal or a third party.
- Francisco Martínez, IDR LL.M. Candidate, Class of 2025/2026