Most substantial arbitration hearings begin with opening statements from each side. Unlike a jury trial, the audience is an experienced tribunal that has already read the pleadings and witness statements. The purpose of an opening is not to repeat the written case, but to guide the tribunal through it.
The most effective openings are short and structured. They identify the key issues the tribunal must decide, explain which documents and witnesses matter most on each issue, and tell the tribunal what the evidence will show.
A roadmap helps. Presenting a one-page list of issues, a short chronology and a note of the key documents allows the tribunal to follow the case during cross-examination and refer back to it when writing the award.
Openings should be candid. Addressing the weaknesses in your own case — and explaining why they do not change the result — is far more persuasive than ignoring them, because the tribunal will notice them anyway.
Keep time in mind. Tribunals often set strict time limits for the hearing, and time spent on a long opening is time lost for cross-examination. A focused 30 to 60 minute opening is usually more effective than a half-day recital of the pleadings.