Originally from Take the Witness: Cross Examination In International Arbitration

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Whether cross-examination in international arbitration is a productive exercise is a hotly debated question among members of the international arbitration community.  Many view it as a wasteful, aggressive exercise more suited to a U.S. courtroom than a merits hearing in a transnational dispute. However, the author of this chapter believes that cross-examination can be a powerful and productive tool for counsel to assist the tribunal in its fact-finding mission. The author further suggests – perhaps controversially to civil law lawyers – that proper cross-examination provides the best evidentiary means for unveiling the truth and educating the arbitral tribunal on the most salient issues in dispute.

This chapter discusses the value of the cross-examination method in international arbitration and suggests some broad guidelines for its most effective implementation. In addition, the author explores the important and often-neglected role the arbitral tribunal plays in facilitating effective cross-examination. In this chapter, the author speaks from his personal experiences as both counsel and arbitrator in a number of high-profile international arbitrations.