Use Of Demonstrative Exhibits In International Arbitration

Having their origins in US litigation,¹ demonstrative exhibits have found their place in international arbitration, namely in fact-intensive arbitrations, such as construction arbitrations. Black's Law Dictionary defines the term "demonstrative evidence" as "[p]hysical evidence that one can see and inspect (such as a model or photograph) and that, while of probative value and usually offered to clarify testimony, does not play a direct part in the incident in question".²

Demonstrative exhibits are visual aids, such as charts, timelines, graphs, maps, videos, or other multimedia presentations, used to help present information, clarify complex issues, and enhance the understanding of the arbitrators, the parties involved, and other stakeholders.