The Art of Oral Advocacy in International Arbitration offers a practice-oriented introduction to advocacy techniques in international arbitration proceedings.

The course focuses on oral advocacy skills, including opening statements, direct and cross-examination of witnesses, expert examination, and closing arguments. The seminar is a highly interactive, moot court-style simulation in which students will take on the roles of counsel and arbitrators.

The seminar begins with an introduction to the procedural background of international arbitration and the role of oral advocacy within arbitral proceedings. It further explores effective advocacy techniques, including persuasive speaking strategies, common pitfalls in oral advocacy, and the psychological aspects relevant to convincing presentation and argumentation. Participants will also engage in a substantive discussion of case study materials before applying these concepts in practical workshops focused on opening statements and the cross-examination of fact witnesses.

Upon completion of the course, students will:

• Understand key differences between common law and civil law approaches to evidence and procedure in arbitration 
• Develop practical skills in oral advocacy, including structured argumentation and persuasive speaking 
• Gain experience in conducting direct and cross-examinations of witnesses and experts
• Improve their ability to react spontaneously and strategically in adversarial settings
• Build confidence in English-language legal advocacy in an international context

Students will work on a fictional arbitration case, prepare examination strategies, and perform oral advocacy exercises in class.

• 40% active participation and in-class performance (including advocacy exercises)
• 20% preparation and submission of written advocacy materials (e.g. examination outlines, submissions)
• 40% final performance (oral advocacy)

Due to the interactive format, the number of participants is limited. In case of overbooking, priority may be given to students with demonstrated interest in advocacy or arbitration.

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It is advised for participants of this course to have completed the course Zivilgerichtliches Verfahren.

eric.leikin@freshfields.com

All preparation material will be uploaded to Canvas.