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Wildy's Book of the Month: April 2019
Take the Witness: Cross-Examination in International Arbitration 2nd ed continues its tradition of being the leading work on the topic, featuring nearly 30 outstanding figures in the field. This volume is the go to reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena.
In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.
Take the Witness is a collection of do’s, don’ts, and real-life examples that thread the fine needle of cross-examination before a panel of international arbitrators — many of whom are unfamiliar with, and perhaps even skeptical of, this common-law tradition. It is said that international arbitrators prefer to rely on documents rather than witnesses, on the presumption that witness testimony is always self-serving and therefore of scant probative value.
Documents, on the other hand, say what they say without the need to waste time asking them. Thus, in a forum where even direct testimony is often submitted by certification rather than by questioning, the problem arises where, when, how and why to cross-examine a live witness?
|A remarkable collection of essays about cross-examination in international arbitration, from a host of leading practitioners and arbitrators; the contributions are both thoughtful and practical and should be required reading for anyone involved in international arbitration. Gary Born Partner and Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale & Dorr LLP, London||It is relatively rare for a book comprised of a collection of essays to for a coherent and useful instructional tool. This book is a welcom exception. This book is a well-brought-together compilation of knowledge and experience from skilled practitioners, and it deserves universal recognition as a significant contribution to the literature on the practice of international arbitration." -- Martin Hunter Professor Emeritus of International Dispute Resolution at Nottingham Trent University|