Robert Whitener on Written Advocacy, April to July 2022
“Keep it simple (and international).” There are no hard and fast rules on how to do written advocacy, but this sentence summarizes what the written phase of an arbitration should look like very well.
The IDR LL.M. class of 2022 had the pleasure of attending written advocacy classes with Robert Whitener, partner at Greenberg Traurig, who provided us with a series of very insightful lectures on how to conduct an arbitration proceeding as counsel. The module consisted of six lectures spread across the summer semester, and students had the chance to discuss how to structure and draft statements of claim and other main submissions, to prepare witness evidence, to request evidence via document production, among other things. Everything important was covered, from smaller tips – such as addressing the parties by their names – to bigger matters – such as how to properly tell a convincing story.
Students had practical exercises on two key aspects of written advocacy: preparing a Redfern Schedule for document production; and drafting a statement of claim based on a complex case study provided by the lecturer. Mr. Whitener also provided specific, individual high-level comments on each of these exercises, allowing students to understand how they could enhance their practice.
Mr. Whitener also gave us his views on different cultural aspects of international arbitration. Considering his background as an American-trained lawyer with further experience in France, Germany and England, he is certainly one of the most appropriate lecturers to guide students on these differences – e.g., some jurisdictions favor witness statements while others, such as my native Brazilian, do not have this practice.
Students – and practitioners in general – are not asked to leave aside their own styles when working with international arbitration. And this is the charm of the international practice: it can accommodate several different cultures in each proceeding. Nonetheless, one must know how to navigate through these cultural differences in order to reach the final destination: convincing the arbitral tribunal of your client’s position. Mr Whitener’s valuable lectures provided students with a comprehensive toolbox to steer the wheel in the right direction.
Joao Costa, IDR LL.M. Candidate