Twenty-four Theses about Witness Testimony in International Arbitration and Cross-Examination Unbound - Chapter 5 - Search for Truth in Arbitration: Is Finding the Truth what Dispute Resolution is About? - ASA Special Series No. 35
Michael E. Schneider
PDF from "Search for Truth in Arbitration: Is Finding the Truth what Dispute Resolution is About? - ASA Special Series No. 35"
Time and cost of the proceedings are a major concern for international arbitration practitioners and the users. Witnesses, the preparation of their written statements and their examination at the hearing are major cost factors in an arbitration. Like other features of the proceedings, the use of witness testimony therefore must come under scrutiny.
The present theses are an attempt of such scrutiny. The author of these theses is aware of the great diversity in international arbitration which is one of its major advantages. Generalisations therefore are difficult and indeed risky. But this risk should not preclude efforts at identifying areas for improvement. While I believe that the theses below reflect a large part of international arbitration practice and show the direction for change in those fields, I recognise that others may have had different experiences and found different solutions.