Leveraging Realpolitik in Dispute Resolution: Opportunities outside the Hearing Room

Presentation

The panel will discuss the tools available to arbitration practitioners to help resolve their clients’ disputes alongside the formal dispute resolution procedure. The debate shall address how legal counsel can best understand and navigate their adversaries’ positions by looking beyond the hearing room, especially in complex disputes which are commercially and/or politically sensitive. Drawing on their extensive collective experience of advising on such sensitive matters, the panel members will focus on three specific levers:

(i) political insight and engagement,
(ii) public relations (including media and advocacy), and
(iii) intelligence-gathering.

They will also share their thoughts on how, when and why each of these levers can be pulled to enhance the chances of effective dispute resolution.

Moderator: Romilly Holland, Counsel, McDermott Will & Emery

Panellists:
- Joseph Hesketh, Director, Project Associates
- Tamara Makarenko, Special Situations Advisor & Independent Director, Faltress Limited
- Daniel Mainguy, Professor of Law, Sorbonne University

Timings:
08:30 – 09:00 – Registration and breakfast
09:00 – 10:00 – Panel discussion
10:00 – 10:30 – Floor opens to questions