Intuition in Cross-Examination - Chapter 5 - Take the Witness: Cross Examination in International Arbitration
LAWRENCE W. NEWMAN (CO-EDITOR) conceived the idea of this book. Mr. Newman received his initial courtroom experience in his five years as an Assistant United States Attorney in the Office in the United States Attorney for the Southern District of New York, after which he joined the litigation department of the New York office of Baker & McKenzie. That department, under his direction, focused on international litigation and arbitration and became the leading law office in the world (in terms of number of cases) in the representation of claimants against Iran in arbitration at the Iran-United States Claims Tribunal in The Hague. Mr. Newman has represented claimants and respondents in commercial and investment arbitration proceedings in the United States, Europe and Latin America. He also sits as an arbitrator in cases involving international matters.
Originally from Take the Witness: Cross Examination In International Arbitration
Are there moments in your life when you and your spouse, from out of the blue, both bring up the same subject? Are there times when in a business meeting with someone, both of you know that there is a subject that is lurking behind small talk that neither one of you is quite willing to bring out into the open? I had a client who was a very successful, Latin American business man, who told me that as soon as he entered a room full of strangers, he could sense how best to comport himself before them, in order to make the best impression. How could he do this? And so quickly?
These are commonplace examples of the kind of non-verbal communication that goes on between human beings. It is this kind of non-verbal communication that I discuss in this chapter. I call the phenomenon of mutual awareness between questioner and witness in a hearing “intuition,” for want of a better word. What it is, is a product of the intensity of the focusing between two persons on an important subject, one that both the questioner and the witness know very well.