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.

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.

Take the Witness: Cross-examination in International Arbitration

Take the Witness: Cross-examination in International Arbitration
Author: Lawrence W. Newman
Publisher: Juris Publishing, Inc.
Total Pages: 344
Release: 2010-06-01
Genre: Law
ISBN: 1933833637

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This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.

Guidelines for Arbitration Witnesses

Guidelines for Arbitration Witnesses
Author: Clarence Milton Updegraff
Publisher:
Total Pages: 4
Release: 1963
Genre: Arbitration, Industrial
ISBN:

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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

Take the Witness

Take the Witness
Author:
Publisher:
Total Pages: 448
Release: 2019
Genre: Cross-examination
ISBN: 9781944825287

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Cross Examination in International Arbitration

Cross Examination in International Arbitration
Author: Kaj I Hobér
Publisher: OUP Oxford
Total Pages: 0
Release: 2014-03
Genre: Law
ISBN: 9780199681235

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A practical, self-teaching guide to effective cross-examination in international arbitration. Offers an introductory or quick-reference guide to essential cross-examination techniques and how they can best be best adapted to the arbitral format.

Missing Witnesses, Missing Testimony, and Missing Theories

Missing Witnesses, Missing Testimony, and Missing Theories
Author: Howard R. Sacks
Publisher: MICHIE
Total Pages: 208
Release: 1988
Genre: Law
ISBN:

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This text provides an analysis of the appropriate role of the labor grievance arbitrator with a focus on problematic situations in which apparently relevant information or legal arguments have not been presented by the parties to an arbitration proceeding.

AAA Handbook on Arbitration Practice

AAA Handbook on Arbitration Practice
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
Total Pages: 428
Release: 2010-08-01
Genre: Law
ISBN: 1933833475

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The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte. The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field. The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.