Remembrance of Things Past: Oral Testimony in International Arbitration
In their International Litigation column, Lawrence Newman and David Zaslowsky discuss a recent study by a task force of the Commission on Arbitration and ADR of the International Chamber of Commerce, "The Accuracy of Fact Witness Testimony in International Arbitration," which focuses on one aspect of witness testimony—the accuracy of witness memory as to facts.
March 24, 2021 at 10:30 AM
8 minute read
The climactic event in international arbitration is usually a hearing, at which witnesses are questioned and arguments made. But, unlike in U.S.- or British-oriented court proceedings, where all evidence must be accepted and evaluated in a hearing before a court or a jury, in international arbitration, evidence may be made part of the record of the case from the first pleading, where documents and even written statements of witnesses may be presented. Subsequent submissions to the tribunal by the parties, often after exchanges of relevant documents between them, may provide the tribunal with additional documents.
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