Cross-Examination and Re-Cross in International Arbitration - Chapter 16 - The Art of Advocacy in International Arbitration - 2nd Edition
Edward G. Kehoe is the Head of King & Spalding’s New York Business Litigation Department, and he co-heads the Firm’s International Arbitration Practice with Doak Bishop. Mr. Kehoe received his bachelor’s degree in accounting at Lehigh University, and he graduated cum laude from St. John’s Law School where he was a member of the St. John’s Law Review. He has more than 19 years experience in international business arbitration and litigation, with a focus on energy, professional services liability, construction, pharma, and insurance. He is recognized in Chambers USA for international arbitration, where it states that he “drew spontaneous applause from esteemed sources for his sophistication and success in handling a number of sizable matters.” According to The Legal 500 publication, clients and peers comment that he is “held in very high regard” for his international arbitration skills. He was selected by his peers as a New York Super Lawyer, and honored in the Corporate Counsel Magazine as one of the “Nation’s Top Litigators” in business litigation. He is a member of the Panel of Neutrals for the AAA International Centre for Dispute Resolution. Mr. Kehoe also is a frequent writer and lecturer on international arbitration issues; he is a member of the Board of Editors of Global Arbitration Review, and the International Bar Association; and he sits on the Advisory Board of the Institute for Transnational Arbitration.
Originally from The Art of Advocacy in International Arbitration - 2nd Edition
Cicero generally is perceived to have possessed one of the most versatile minds of ancient Rome. He was a philosopher, statesman, political theorist, and, most importantly for current purposes, a successful attorney and advocate. In one letter to his lifelong friend Titus Atticus, Cicero explains the art of cross-examination as he knew it. His letter began: “The gods know, dear Titus, that nothing an advocate does is simple, but of all the things an advocate must do, by far the most difficult, the most complex, and the most subtle is cross-examination.” In the final paragraph of his letter, Cicero tells his friend: “The talent to cross-examine is a rare commodity. No more than three lawyers in all of Rome have it, and sometimes I wonder whether I myself am one of them.”
Much has been written since Cicero’s day about the complexities, nuances, styles and art of effective cross-examinations. Some believe that cross-examination is so difficult and dangerous that a lawyer should forgo the opportunity absent compelling reason. This practitioner disagrees. Cross-examination is not easy, but it need not be dangerous either. The keys to cross-examination in international arbitration lie in (i) understanding its purpose, (ii) preparing thoroughly, (iii) selecting the right witnesses to cross-examine, and (iv) executing well. When done effectively with the right witnesses, cross-examination should not expose your client to harmful testimony, and it can help to turn the case in your direction.