Originally from Take the Witness: Cross Examination In International Arbitration

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The concept of conducting an arbitration proceeding “against the clock,” which often means literally against a chess clock or a stopwatch, is neither new nor necessarily controversial. The parties agree, or the tribunal stipulates, to mathematically precise total amounts of time for each party or side, including multiple claimants and multiple respondents jointly, to put on their respective case. 

The narrow topic to be discussed here is cross-examination of fact and expert witnesses within the hearing, against the clock.  First, the discussion proceeds with arbitration proceedings against the clock generally. Second, it addresses general considerations of witness examination against the clock. Third, it considers cross-examination against the clock from the counsel’s perspective and then the arbitrator’s perspective.  Finally, it concludes with lessons to be drawn and best practices.