A key advantage of arbitration is the autonomy of the parties to structure the arbitration proceedings to pursue efficiencies of cost and time. But the parties may not be on the same page regarding those efficiencies when weighed against how they want to present their case and win the arbitration. And the Tribunal may have ideas of its own. This talk will discuss strategic considerations when negotiating the procedure for an arbitration with opposing counsel, and describe the dynamics at play during the critical First Session that results in Procedural Order No. 1.

Viren Mascarenhas is a partner in King & Spalding’s New York office, and is a member of the International Arbitration Practice Group. He is a specialist in public international law and international arbitration, focusing on both investment treaty arbitration and international commercial arbitration.