A Counsel's Guide to Examining and Preparing Witnesses in International Arbitration
Mastering the art of witness examination is essential in order to prevail in international arbitration. Lawyers acting as counsel in arbitration know that witness evidence stands out from the plethora of documentary evidence in terms of uniqueness and authenticity. A vivid, first-hand live account of the events in issue exerts a strong influence on the arbitrators, and a handful of memorable testimonies can outweigh an avalanche of documents. This book shows how such mastery in the art of witness examination is accomplished. In the majority of today’s international arbitrations, witness examination is modeled around the common law practice of lawyer-led questioning. Arbitration practitioners are therefore more and more expected to take charge of the examination process. Drawing on the principles of the art of advocacy in the common law tradition, this persuasive and highly engaging book sets out, in great detail, the practical techniques applicable to the use of witnesses in arbitration. The author describes such elements of witness evidence as the following:
- differences between common law and civil law systems in regard to taking witness evidence;
- techniques for interviewing witnesses and preparing witness statements;
- question techniques for direct examination and cross-examination;
- methods for developing forceful cross-examinations;
- the boundaries of witness preparation;
- preparing the witness for direct examination and cross-examination;
- psychological risks of witness preparation;
- guidelines for witnesses during direct examination and cross-examination.
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CHAPTER 1 The Importance of Witnesses: Where the Documents End .
CHAPTER 2 Differences between Common Law and Civil Law Systems in Regard to Witness Examination .
CHAPTER 3 Convergence of the Two Systems.
CHAPTER 4 The Sources of the Rules of Taking of Evidence in Arbitration.
CHAPTER 5 Early Decisions: Which Method of Witness Examination Is the Best (for the Specific Case)?.
CHAPTER 6 Direct Examination.
CHAPTER 7 Witness Statements.
CHAPTER 8 Cross-Examination.
CHAPTER 9 Re-examination.
CHAPTER 10 Witness Conferencing.
CHAPTER 11 Organizing the Hearing.
CHAPTER 12 Preparing the Witness.
APPENDIX I Sample Procedural Questionnaire.
APPENDIX II Sample Procedural Rules.
APPENDIX III Sample Witness Statement.
APPENDIX IV Sample Hearing Schedule.