UNSOLICITED ADVICE TO TYRO-FILIPINO-LAWYERS INTENDING TO APPEAR BEFORE INTERNATIONAL PROCEEDINGS. I have been appearing before international arbitrators in a number of commercial arbitrations abroad since the late 1990s and I can say that what we saw last night at the Hague is not far from what is being done in international arbitrations. And so, my unsolicited advice to Filipino lawyers without experience appearing in international tribunals are the following:
1.) There is a decorum of formality in the room. Unlike in local courts where, before the hearing, opposing counsel can talk, joke and even appear to be happy with each other, in international litigation/arbitration, once you enter the court/arbitration room, the impression that you are professional adversaries even before the start of the hearing becomes clear. No talking to each other, no casual or cavalier greetings. There was a time when my opposition was a retired Philippine magistrate who was a novice in international arbitration. Because we know each other, he attempted to approach me before the hearing in the litigation room. I just smiled and gestured to stop approaching me. After the hearings, I had to talk to him and just explained that what I did was part of the unwritten decorum required. He understood. He learned.
2.) International Judges/Arbitratrors are very strict on schedules. This is very important and , unless there is truly a very compelling reason, there will be no postponements or reschedulings. That is why , in this Duterte Case, should the charges be confirmed and trial proceed, whoever will be the Filipino counsel of Duterte will most likely experience continuous trials for an average of two-weeks per setting. That is half a month per scheduled setting. So be prepared.
3.) Unlike in local courts where you can make manifestations after manifestations, nothing of that sort in international arbitration/litigation. The reason is that all concerns must already be ventilated prior to the hearings. These concerns will be resolved posthaste so that the schedule will not be disrupted.
4.) You always have to be respectful. If you do not like the forum or you wish to inhibit an arbitrator, you should do it prior to any hearing. They will stick to the schedule.
5.) Study your case very very very well. I have seen a situation when an opposing counsel asked the arbitrators that he wanted a little bit of time to go over his files, the counsel was told that it was just a waste of the arbitration's time and so , the arbitrators moved to another point.
6.) The standard is very high. In oral presentations or summations , you may even be asked about the footnotes in your submission. When I appeared in international hearings, I had all the summaries of cases ( including the footnotes) in my index cards and then in my laptop. And I had to review all of them, together with copies of the exhibits, the night before the hearing.
I have retired from active practice except in international arbitration. I learned to like the discipline involved and , yes, the scheduling.
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I recently called out a fake news purveyor for lies about my Germany trip. Instead of admitting fault, he emailed my office threatening to print more fake news. I’ve held my peace before, trusting that truth will prevail. We can no longer let lies go unchallenged. So bring it on.