Effective Cross-Examining In International Arbitration: Key Strategies

Cross-examining witnesses in international arbitration involves unique considerations that differentiate it from common law court proceedings. In this context, witnesses typically present written statements as their direct testimony instead of giving live testimony. Unlike traditional court trials that give priority to direct examination, international arbitration hearings place greater emphasis on cross-examination and redirect examination.

Should You Cross-Examine a Witness?

The use of witness statements in arbitration allows arbitrators to familiarise themselves with the case before the hearings, gaining a comprehensive understanding of the evidence and key points. However, if a witness is not cross-examined, the arbitrators may never see the witness in person, relying solely on their written statement.