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Jan 16, 2021 · Having a witness statement submitted along with written submissions will allow the arbitral tribunal, as well as the parties, to prepare for the evidentiary hearing during which, if called, the witnesses are to be examined and questioned regarding the content of their statements.
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It is common to use witness statements in international...
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- IBA Rules
However, experience with witness statements in international arbitration shows that they can be very effective tools if the arbitrator is clear from the outset about the purpose of the statement; outlines what is permissible in a witness statement; and emphasizes that each witness is subject to cross-examination based on the contents of their ...
May 28, 2021 · Judicial concern about the inappropriate use of witness statements in court proceedings has led to the new Practice Direction (PD) 57AC and Appendix that now apply (with some limited exceptions) to trial witness statements in the Business and Property Courts.
‘Witness Statement’ means a written statement of testimony by a witness of fact. Article 1 Scope of Application 1. Whenever the Parties have agreed or the Arbitral Tribunal has determined to apply the IBA Rules of Evidence, the Rules shall govern the taking of evidence, except to the extent that any specific
Apr 8, 2023 · This Practice Note provides guidance on how to prepare witness evidence for arbitration proceedings. As with documentary evidence, the procedure for presentation of witness evidence in arbitration is determined by the tribunal taking into account: •.
Witness Preparation in International Arbitration. February 16, 2022. AUTHORS. Duncan Speller | Elliott Couper | Jack Davies . Introduction . For many people – even senior executives of large corporations – appearing as a witness, giving evidence and being cross-examined is a daunting prospect.
In practice, within the framework of the international arbitration rules, the presenta-tion of evidence in international arbitrations falls within three general categories: (1) sub-mission of documentary evidence with statements of claims, replies or other briefs; (2) witness statements; and (3) oral testimony. Each is discussed below.
