The first case management conference (CMC) is a significant procedural step in an arbitration. What may sound like a technicality can be an important crossroads for the entire proceedings and, therefore, merits attention.
Arbitrations often have at least one CMC – a procedural hearing in which the arbitral tribunal and the parties discuss administrative and procedural aspects of the arbitration. The first CMC is typically held shortly after the arbitral tribunal receive the case file. Essentially, a CMC's purpose is to determine how the arbitration will be conducted going forward, taking into consideration potential measures to increase procedural efficiency.
Where outside counsel is involved, they will typically attend the CMC. In some instances, arbitral rules also expressly encourage attendance by a party representative. Where this is not the case but party attendance is possible, it should be considered as an option to gain a personal impression of both the arbitral tribunal and opposing counsel – subject to strategic considerations why certain party representatives should or should not attend the CMC.
Issues discussed in a CMC may include, for example, the procedural timetable or whether and to which extent there is going to be a document production, but also the suitability of the matter for expedited proceedings or a bifurcation to address specific issues first – all of which may have repercussions on the parties' chances of success in the proceedings.
Prior to the CMC, each party should therefore consider whether there are procedural elements that may be particularly relevant to its case. In a case likely hinging on particular evidence, this might put the focus on estimating the period of time required for reviewing and assessing the opposing party's document production and scheduling individual procedural steps accordingly, or on making sure that an oral hearing is scheduled for a day when a key witness will be available. In other instances, evidence that might be cost- and time-intensive to obtain might only become relevant if preliminary legal questions are decided in a certain way. This might argue in favor of dividing up the proceedings in different stages and addressing individual legal questions first.
Once the parties have determined their positions on procedural issues, it is common for the parties' counsel to correspond regarding proposed procedural orders. To the extent that the parties agree on orders, these can then be presented to the tribunal as agreed proposed procedural orders.
