Originally from Alternatives to the High Cost of Litigation

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Direct testimony in arbitration, especially international arbitration, is often in the form of a written witness statement, rather than orally at a hearing. So, too, in the courts of England and Wales.

Effective April 2021, the Business and Property Courts of England and Wales made several revisions in witness statement practice. This article considers what those English courts did, whether it would make sense for arbitration to follow that lead, and how the arbitration community might do so. First, a little background on the status quo.