Attacking the Credibility of Witnesses and Experts - Chapter 18 - The Art of Advocacy in International Arbitration - 2nd Edition

Guido Santiago Tawil is a Chair Professor of Administrative Law at the University of Buenos Aires and a Senior Partner at M. & M. Bomchil, in Buenos Aires where he heads the international arbitration and regulatory practices of the firm. Dr. Tawil is the Co Chair of the IBA’s Arbitration Committee, a Council member of the International Council for Commercial Arbitration (ICCA), a Court member of the London Court of International Arbitration (LCIA), the ICC’s Latin American Arbitration Group, ITA´s Academic Council, the Administrative Law Institute of the National Law Academy, among other institutions.

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Originally from The Art of Advocacy in International Arbitration - 2nd Edition

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I. Introduction

The practice of international arbitration comprises elements of both the common law and the civil law legal traditions. However, one of the aspects where approaches still differ significantly is the way in which oral examination of factual witnesses and experts is conducted. In general terms, the goal of witnesses and experts examination is to confirm or rebut each parties’ allegations. In doing so, establishing or attacking their credibility and qualifications could play a significant role. The strategy for conducting such examinations in arbitral proceedings, the style, tone and pacing or the way in which the witness or expert is approached by the examiner evidence both the relevance of tactical and practical considerations and the increasing sophistication that can be observed to this respect.

This chapter will discuss different strategic aspects that are normally involved when questioning the credibility or qualifications of witnesses or experts in international arbitration.