Pressure Test Your Arbitration Case Before Your Opponent Does
Independent, experienced judgment applied to the decisions, positions, and strategies that matter in international arbitration — before they are used.
What is Pressure Testing?
Pressure Testing is the application of independent, experienced judgment to a specific decision, position, or component of an international arbitration — before it is used. It is the core of what IAA does.
A position that has not been independently tested is a position that may fail under scrutiny — from the tribunal, from opposing counsel, or from the facts. Pressure Testing identifies the weaknesses before they are exposed.
Pressure Testing engagements are focused and discrete. They do not require IAA to assume a broader advisory role, though broader engagements are available where appropriate. The founder conducts all substantive advisory work personally.
If it matters, pressure test it before you use it.
What Can IAA Pressure Test?
IAA can pressure test virtually any material element of an international arbitration. The ten areas below represent the most common applications — but the scope is defined by what the matter requires.
01
Case Theory and Overall Strategy
The theory of the case is the foundation on which everything else rests. A case theory that has not been independently tested may contain assumptions that appear sound within the case team but do not survive external scrutiny. Pressure Testing examines whether the theory holds — and where it does not.
02
Legal Arguments and Submissions
Legal arguments and written submissions benefit from review by someone who approaches them as the tribunal will: with no prior investment in the position. Pressure Testing identifies arguments that are weaker than they appear, framing that may undermine credibility, and gaps that opposing counsel will exploit.
03
Factual Assumptions
Cases are built on factual narratives. Pressure Testing examines whether the factual record supports the narrative being advanced, where the record is thin or contested, and how the tribunal is likely to assess disputed facts.
04
Arbitrator Selection and Tribunal Composition
Arbitrator selection is among the most consequential decisions in any international arbitration. Pressure Testing brings independent judgment to the selection of arbitrators and the composition of tribunals — examining candidates across institutions and jurisdictions with no stake in the outcome.
05
Witness Preparation and Vulnerabilities
Witnesses are tested under cross-examination. Pressure Testing examines witness statements and preparation from the perspective of opposing counsel — identifying vulnerabilities, inconsistencies, and areas where testimony may not withstand challenge.
06
Expert Positions and Methodology
Expert evidence is frequently decisive. Pressure Testing examines expert reports and positions for methodological weaknesses, assumptions that may not hold, and lines of cross-examination that opposing experts or counsel are likely to pursue.
07
Damages Methodology
Damages calculations are a common battleground. Pressure Testing examines the methodology, assumptions, and presentation of damages evidence — including the vulnerabilities that a well-prepared opposing expert will target.
08
Opposing Arguments and Anticipated Challenges
Understanding the opposing case is as important as developing your own. Pressure Testing examines the strongest version of the opposing arguments and identifies where the current strategy is most exposed.
09
Procedural Strategy and Interim Measures
Procedural decisions shape the trajectory of a case. Pressure Testing examines bifurcation decisions, interim measures applications, document production strategy, and other procedural choices for their strategic implications.
10
Settlement Positions and Risk Assessment
Settlement decisions require an honest assessment of risk. Pressure Testing provides independent analysis of the realistic range of outcomes, the strength of the current position, and the assumptions underlying any settlement analysis.
How a Pressure Testing Engagement Works
Prospective engagements begin with a private preliminary conversation with the founder. The purpose is to understand, at a high level, the nature of the issue and determine whether independent strategic input may be useful.
The discussion may be conducted entirely in hypothetical or anonymized terms. There is no need at this stage to identify the parties, disclose confidential documents, or reveal privileged or commercially sensitive information.
If further involvement appears appropriate, any necessary conflict checks, confidentiality arrangements, and engagement terms can then be addressed before substantive advisory work begins. Some engagements begin and end with a single conversation. Others develop into a continuing advisory relationship.
A conversation can begin without revealing the matter.
Prospective clients may describe the issue in general, anonymized, or hypothetical terms. No confidential documents or identifying details are required at the outset.