Lawrence W. Newman and David Zaslowsky Bury That Witness Statement: Direct and Cross-Examination in International Arbitration
In this edition of their International Litigation column, Lawrence W. Newman and David Zaslowsky examine the common practice in international arbitration of presenting direct witness testimony though witness statements provided in advance of the oral hearing. They consider the effect such written evidence may have, or not have, on arbitral tribunals when there is no live cross-examination of the witness at the hearing before the tribunal. Is there a way in such circumstances for the witness to testify in person after all?
July 22, 2021 at 12:00 PM
10 minute read
A distinguishing characteristic of international arbitration hearings is that witness testimony is most often presented in writing in advance of the hearing, with the result that the witness portion of evidentiary hearings invariably consists almost entirely of cross-examination of fact and expert witnesses. There are advantages to presenting testimony in writing in advance, principally in reducing the time spent by arbitrators, counsel and others in hearings, with resultant savings in costs and time, as well as affording time for participants to prepare without having to try to anticipate last-minute testimonial surprises.
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