Lecture — Confidentiality In Investment Treaty Arbitrations

The hearing is often the most significant-and exhilarating-part of any arbitration proceeding. It is usually the first time that the tribunal, parties, and counsel all meet in person (physically or through a videoconferencing platform). The hearing provides a critical opportunity for each party to highlight the strengths of its case and, conversely, to expose the weaknesses in the opponent's arguments. It is during the hearing that the tribunal will ask counsel difficult questions, assess the credibility of both sides' witnesses based on counsel's cross-examination, and potentially request opposing experts to identify areas of mutual agreement. Cases are often won, or lost, based on the events of the hearing.