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John Fellas John Fellas

I’m sure that what I am about to describe has happened to many advocates in international arbitration proceedings. You have spent hours preparing for the cross-examination of a witness. You have planned your questions with surgical precision to extract only the damaging admissions the witness must make. You have taken pains to ensure that you don’t ask the infamous one-question-too-many. You have deliberately avoided the question “why.” You start the examination, and just as you are hitting your stride, an arbitrator jumps in and asks questions you deliberately chose not to ask, undermining all your careful planning. You sit there with your best poker face and remember the words of that great philosopher Mike Tyson: “Everybody has a plan until they get punched in the mouth.”

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