TIPS NI SIR AUTEA ON HOW TO MAKE PLEADINGS FOR INTERNATIONAL ARBITRATION

Should present statements with clarity
substance
-claim
-law

as to form: adjust to the international arena

1. No need for "explanation"
example: if you're going to arbitrate before an international tribunal wearing a barong tagalog, your opponents and the panel might think you're poor.
...packaging is part of the practice
...BOTTOMLINE: Don't include local procedure if not necessary

2. Use language of the rules applicable
example: if the UNCITRAL provides for "points at issue" don't put "Points in issue"
...it would show your competence to interact in the international arena
example: if the people around you pronounce competence like "kom-pe - tans", then say it like so. Pronouncing it like "com-pe-tens" would make you look like a promdi.

3. don't put thank you, blah blah at the end of your pleading
history lesson: do you know that only filipinos bow when they pass in front of persons? so as not to block view?
this was carried on from our colonial masters! before, indios (native filipinos) were not allowed to be at par with their white masters so they need to bow down so as not to obstruct the view of the masters. By repeating it, we are implicitly saying that we are inferior to them.
...so in international arbitration, by thanking the panel and by making them feel superior, they might think you're not that aggressive in making your claim...

4. better to have table of contents, especially in pleadings which consists of numerous pages.
-this would not only help the panel of arbitrators but also you

5. as much as possible, make your statements concise and brief
para di nakakalito

6. better to have a preliminary statement saying the basis for availing arbitration and governing law (example: governed by uncitral rules, etc.)

7. double spaced, bigger font
-most of the arbitrators are old...

8. better to put subheadings
-it would help you and the arbitrators would know what is the topic of the part that they are reading

9. relief sought should be "approximated", not exact
-to give room for adjustments

10. better if you say "at least"... or "not less than" ... when stating a claim. this would entitle you to more award

11. list of attached documents: better if something like this placed before the attachments
-as to table of contents, not sure if this should also be in the table of contents

12. better if put in the relief the arbitration fees

13. "relevant" facts
-so that you won't be accused of not including all the facts and omitting facts.

14. Add a "reservation" to add more facts or supplement more facts if ever it is deemed not sufficient

15. if detailed, dapat malaki space and font (para mas madali mabasa)