Timeline and Roadmap The Timeline helps you look

Timeline and Roadmap The Timeline helps you look back – the Roadmap helps you look ahead.

Timeline of Events �Critical for 3 reasons: �Helps you explain the case from your client’s point of view in clear, chronological order �Think about what your Statement of Facts will look like �Provides an easy reference for you in case an arbitrator asks you a specific question about when something occurred in the record �Ease of recall means an easier argument! �The better you remember the timeline, the more smoothly you can present your case.

Constructing the Timeline �For each item on your timeline, include 3 -4 main elements: �The date (i. e. , March 2, 2014) �What happened (brief 1 -2 sentence description of event) �Where you can find it in the record (page number, paragraph number, exhibit number) �Why it matters to your client (for critical/important events) �Go in chronological order

Examples: � 2007 – Respondent (Hope Hospital) approached Claimant (ICT) about the purchase of a proton therapy facility. (R. 4 St. Cl. ¶ 3). � 5 July 2011 – Dr. Vis writes to Respondent informing them of delay in translating terms to English on the website; promised that an English version would be sent to Respondent. (R. 37, Resp. Ex. No. 2, ¶ 4). �Relevant because shows Respondent reasonably believed it would have a chance to review new standard terms before contract was concluded on July 1 st.

Using the Timeline �Keep the Timeline in your binder. �Have it tabbed so that you/your partner may flip to it quickly for reference during your argument. �Be able to state to the arbitrators why any fact or event you reference/rely on matters to your client/argument. �Mention critical dates and events in your oral argument.

The Roadmap �An argument roadmap is just like a real roadmap: �It shows you where you are going and how you are going to get there; �It helps you find your way if you get lost; �It alerts those following you (the arbitrators) to the direction you are going in.

Constructing the Roadmap �Divide your argument into 2 -3 sections/issues. �For example (Procedural): �Section 1: Whether the arbitral tribunal has jurisdiction over both claims �Section 2: Whether both claims should be heard in a single hearing �Rephrase so that you announce the result you want the Tribunal to arrive at. �Describe as a series of steps you will take the Tribunal through.

Stating the Roadmap Section/Issue: �[STEP ONE] �Whether the arbitral tribunal has jurisdiction over both claims �[STEP TWO] �Whether both claims should be heard in a single arbitration Roadmap: �[STEP ONE] � “First, I will demonstrate why the parties validly agreed to submit both disputes to arbitration under the Framework and Sales Agreement, and the Sales and Licensing Agreement. ” �[STEP TWO] � “Second, I will explain why both disputes should be resolved together in a single arbitration under Article 10 of the CEPANI Rules. ”

Getting It Right �Memorize your roadmap. �Memorizing the roadmap will help you pick up where you left off if you get off track. �Pause for a moment after delivering your roadmap. �Let the Tribunal write it down so they can follow along �Make it strong. �Advocate for your client in each step of your roadmap.