Arbitration and Oral Evidence
ICC Dossiers Volume 2
Arbitration and Oral Evidence, prepared by the ICC Institute of World Business Law, addressed some of the most contentious issues in arbitration procedures.
The relationship of written testimony to oral presentation of evidence raises a number of opportunities for abuse. From misleading witness statements to the preparation of unreliable and slanted presentations of experts, the issues raised have divided counsel and arbitrators.
This volume, containing papers from distinguished practitioners and arbitrators, provides a balanced and objective view of the problems – and solutions – leading to good general practices that can encourage both fairness and efficiency in the receipt of oral testimony.
The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institute’s ‘Dossiers’ is a series that has gained international prestige. These Dossiers are the outcome of the Institute’s annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.
An ICC Services publication, distributed by Kluwer Law International.
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FOREWORD By Serge Lazareff, Chairman, ICC Institute of World Business L aw
INTRODUCTION By V.V. Veeder, Co-Editor
Giving evidence: Some reflections on oral evidence vs documentary evidence and on the obligations and rights of the witnesses by Antonias Dimolitsa
Evidence through witnesses by Paul-A. Gélinas
Practices of the horseshed: The preparation of witnesses by counsel in America by Robert S. Rifkind
Witness statements Anne by Véronique Schlaepfer
Oral evidence and experts in arbitration by David Brown
Benefiting from oral testimony of expert witnesses: Traditional and emerging techniques by Richard H. Kreindler
Counsel-witness relations and professional misconduct in civil law systems by Hans van Houtte
The lawyer’s duty to arbitrate in good faith by V. V. Veeder
4 DOSSIERS OF THE ICC INSTITUTE OF WORLD BUSINESS LAW
ARBITRATION AND ORAL EVIDENCE
CONCLUDING REMARKS by Laurent Lévy, Co-Editor
CASE LAW INDEX
IBA RULES ON THE TAKING OF EVIDENCE IN INTERNATIONAL COMMERCIAL ARBITRATION
LIST OF ATTENDEES
ICC AT A GLANCE
SELECTED ICC PUBLICATIONS