Introduction to the Mock Case

Abstract

AS ONE of the co-Chairs of this year's workshop, it is my task is to provide some introductory comments about the mock case generally, and the first two of the five scenes prepared for you in particular. The background facts for the mock case are in the scenario. The first two of our five scenes might be described as fly-on-the-wall documentaries. The first is a discussion between a client about to embark upon arbitration proceedings and his legal advisers. In the second scene, we drop in on an internal meeting of the Secretariat of the arbitral institution that will administer the arbitration. In scenes three and four, we will present two hearings before an ICSID arbitral tribunal. In the second of those hearings, the tribunal is faced with a problem arising out of an intervention by the courts of another state, made more interesting …