20: Fact Witness Hot-Tubbing and Gangnam Style Arbitration with Hyunyang Koo

In this episode, our host Gian explores the future of arbitration with Hyunyang (Ashley) Koo, a partner at Lee & Ko and a trailblazer in international arbitration and construction law. Hyunyang was a speaker at a recent International Chamber of Commerce Young Arbitrators and ADR Forum (ICC YAAF) seminar, where she discussed the necessity and feasibility of the practice in today’s commercial landscape.Drawing from Hyunyang’s expertise, this episode focuses on fact witness hot-tubbing, the practice of fact gathering whereby multiple fact witnesses present their evidence concurrently together, rather than independently one at a time. Gangnam Style arbitration refers to fact witness hot-tubbing in which an arbitral session is not concluded with a single hearing, but is backed up by multiple ‘follow-up’ sessions, submissions and hearings. Hyunyang shares her insights on the practical possibilities of Gangnam Style international arbitration, the procedural pitfalls it faces, and the fallibility of memory in the context of fact witness evidence gathering to paint a bigger picture of the position fact witness hot-tubbing can hold in today’s commercial international arbitration cases. We hope you enjoy this episode! Follow us on Instagram and LinkedIn at @lsesonthecaseEmail us with any enquiries or feedback at [email protected].