Case Management Conferences – Additional Facility Arbitration (2022 Rules)

In addition to the first session, the Tribunal must convene one or more case management conferences with the parties to ensure an expeditious and cost-efficient process (Additional Facility Arbitration Rule 40).  Case management conferences are designed to

  • identify uncontested facts
  • clarify and narrow the issues in dispute, or
  • address any other procedural or substantive issue in the case.

For example, the Tribunal and the parties may discuss a process to identify uncontested facts (e.g., through the establishment of a joint chronology of facts), the use of road maps and decision trees, and any necessary revision to the procedural calendar in view of the circumstances of the case. The Tribunal may also examine with the parties whether there is an expedited way to deal with certain issues or with presentation of evidence. 

The use of a case management conference could help dispose of an issue in dispute and reduce the overall time of the proceeding. It could also provide an opportunity for the parties to assess whether they would like to explore a settlement of the dispute.

Case management conferences may be held upon the request of a party or at any time the Tribunal deems appropriate. The timing and scope may be discussed during the first session and included in Procedural Order No. 1. For example, a case management conference could be held prior to a new phase in the proceeding (e.g., before the second round of written pleadings, document production, hearing, etc.). It could also be held after a subsequent phase (e.g. after the Tribunal’s decision to uphold jurisdiction) to discuss the further procedural calendar.

Case management conferences can be scheduled at regular intervals to enable the Tribunal to check on progress and discuss with the parties any new or imminent procedural or substantive issues.

Case management conferences are usually held by telephone or videoconference.