Originally from World Arbitration And Mediation Review (WAMR)

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ACT III – THE MERITS HEARING:

PRESENTING YOUR TESTIMONIAL EVIDENCE

INTRODUCTION TO ACT III

Michael S. Goldberg, Workshop Co-Chair

Welcome back from lunch. I have the difficult task of
starting right after lunch when everyone is ready to take a little
nap, but hopefully, our Act will be stimulating enough to keep us
going. We now have Act III, our final Act. The briefs are submitted.
The preparation is done. The procedural issues have been
resolved and, as counsel, we all know that once we start with the
witnesses, there are no more issues and it is simple questions and
answers! Au contraire. The issues and problems never end, as
you will see in these three scenes.

Unlike Act II, as the three scenes change, the personnel will
change between scenes. Within each scene, we have several
issues. In the first scene, we have an issue about a witness
attending the merits hearing before he testifies. We also have an
issue related to the overly prepared witness from Act I. Finally,
we have an issue about dealing with an overactive wingman
arbitrator. For this scene, there are three factual things to
remember. E.Y. Park is the party representative for TorGas but is
also a witness. Hilmar Raeschke-Kessler is the Drill-BD witness
who, as you remember in Act I, was scripted in his testimony and
now he will testify. And I am not quite sure why this is important,
but you should remember that Mark Kantor is the arbitrator
appointed by Drill-BD. And so with that, we begin.

ACT III, SCENE I – TESTIMONIAL EVIDENCE: EXAMINATION-IN-CHIEF,
CROSS-EXAMINATION, RE-EXAMINATION

ARBITRAL TRIBUNAL CHAIR [JUDITH]: Well, good morning,
everyone. Thank you very much for your very helpful opening
submissions yesterday. We have all read the transcript overnight.
So thank you for those. Let me start please with some initial
housekeeping. As you know, each side started with 35 hours
appearing time. The tribunal have reserved five hours for
questioning and deliberations as we told you, so that means Drill-
BD has 32½ hours by our reckoning and TorGas has 33¼ hours