A Counsel's Guide to Examining and Preparing Witnesses in International Arbitration

A Counsel's Guide to Examining and Preparing Witnesses in International Arbitration
Author: Ragnar Harbst
Publisher: Kluwer Law International B.V.
Total Pages: 258
Release: 2015-10-20
Genre: Law
ISBN: 9041166211

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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. All topics are illustrated by way of practical examples, which also serve as a pool of useful model phrases and expressions. Practical appendices include ready-to-adapt sample documents, such as a procedural questionnaire, procedural rules and a witness statement. The book will be particularly useful for arbitration practitioners who have had little exposure to the adversarial approach to evidence and who wish to learn the ropes of lawyer-led witness examination and preparation. However, any practitioner stands to gain from applying the book's practical guidance and the author's wise counsel.

Rules of Evidence in International Arbitration

Rules of Evidence in International Arbitration
Author: Nathan D. O'Malley
Publisher: Informa Law
Total Pages: 0
Release: 2012
Genre: Arbitration and award, International
ISBN: 9781843119562

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Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.

Preparing Witnesses

Preparing Witnesses
Author: Daniel I. Small
Publisher: American Bar Association
Total Pages: 254
Release: 2009
Genre: Law
ISBN:

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With a focus on the similarities between real-world depositions, Preparing Witnesses, Third Edition, provides strategies to make a witness comfortable and effective in the courtroom. Preparing Witnesses, Third Edition, will aid in refining skills for delivering witness testimony with an impact.

Expert Testimony

Expert Testimony
Author: Steven Lubet
Publisher: Aspen Publishing
Total Pages: 251
Release: 2020-02-06
Genre: Law
ISBN: 1601568711

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Order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them as your guide. In this newly revised Fourth Edition, Elizabeth Boals and Steve Lubet provide counsel on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery; analyze the Federal Rules of Evidence and Federal Rules of Civil Procedure; discuss the ethical rules governing expert retention and testimony; give examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning; and provide checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a new edition worthwhile to both the expert witnesses and the lawyers who examine them.

A Litigator's Guide to Expert Witnesses

A Litigator's Guide to Expert Witnesses
Author: Cecil C. Kuhne (III)
Publisher: American Bar Association
Total Pages: 244
Release: 2006
Genre: Law
ISBN: 9781590317280

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The admission of expert witness testimony remains one of the most contentious, critical, and interesting aspects of modern-day litigation process. This book examines the role of the expert witness, focusing on taking depositions, expert qualifications, admissibility of testimony, attorney-client privilege, Daubert, rules of discovery and evidence, selecting and presenting experts, and direct examination of experts.

The Work of the advocate

The Work of the advocate
Author: Byrin K. Elliott
Publisher:
Total Pages: 668
Release: 1911
Genre:
ISBN:

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The IBA Guidelines on Party Representation in International Arbitration

The IBA Guidelines on Party Representation in International Arbitration
Author: Peter Ashford
Publisher: Cambridge University Press
Total Pages: 159
Release: 2016-08-16
Genre: Law
ISBN: 1107161665

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Peter Ashford provides a unique guide for the understanding and implementation of party representation guidelines in international arbitration. Combining detailed discussion and commentary on the guidelines, this is an invaluable resource for arbitrators and international arbitral institutions around the world in investment and commercial arbitration disputes.

Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators

Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators
Author: Jay E. Grenig
Publisher: Juris Publishing, Inc.
Total Pages: 442
Release: 2013-06-01
Genre: Arbitration and award
ISBN: 1937518191

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A Publication of the American Arbitration Association and the Scheinman Institute on Conflict Resolution, Cornell University Arbitration advocates uniformly place great emphasis on case preparation. Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators can be used to help prepare parties and their advocates in a wide range of arbitration cases including labor, employment and commercial arbitrations and will provide lawyers and non-lawyers alike with the focus and direction to maximize their chances of obtaining a good result in arbitration. In this book readers will find coverage on the following topics: • Developing a case theory and case theme • Commencing the arbitration process • Selecting an arbitrator and scheduling the hearing • Evaluating and presenting evidence • Preparing for the arbitration hearing • Conducting the arbitration hearing • Making and responding to objections • Examination and cross-examination of witnesses

Witnesses in Arbitration

Witnesses in Arbitration
Author: Edward Levin
Publisher:
Total Pages: 272
Release: 1987
Genre: Business & Economics
ISBN:

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This guidebook for practitioners covers basic material on choosing and readying witnesses for an arbitration case. The work uses a question-and-answer approach to discussing the handling of testimonial evidence in arbitration hearings.

The Witness Preparation Partner: A Guide to Becoming the Ready Messenger (Attorney Edition)

The Witness Preparation Partner: A Guide to Becoming the Ready Messenger (Attorney Edition)
Author: Melissa M. Gomez, PhD
Publisher: Lulu.com
Total Pages: 124
Release: 2018-01-11
Genre: Law
ISBN: 1387293605

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The Witness Preparation Partner, is a resource for trial lawyers and witnesses to use in partnership with each other. It is a collaborative tool to help prepare witnesses for deposition, trial, and the litigation process in general. The Witness Preparation Partner assists attorneys and witnesses by being an integral part of the witness preparation process. It provides tools that start the right conversations and continue those conversations throughout the life of the litigation. It guides the collaboration, training and education between attorney and witness at each step.