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Cross Examination in International Arbitration

ISBN13: 9780199681235
Published: December 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £54.00

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Opportunities to see expert cross-examinations are often infrequent in international arbitration and the occasions to sharpen these skills for many are rare. This book is both an invaluable teaching tool as well as a general guide to effective cross-examination in international arbitration. Based on extensive experience and insight from the authors and aided by practical examples, it provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format.

Concise and well organised, it leads the reader through the different cross-examination techniques in an accessible 'do's and don'ts' structure, presenting readers with a clear and authoritative introduction to the 'art' of cross-examination or a quick-reference for more experienced practitioners. An international arbitration hearing is very different from a trial in a court and any practitioner appearing as counsel, whether common or civil law lawyers, need to know what will happen and how it will differ in order to adapt their conduct. Hober and Sussman explore the challenges practitioners face when conducting a cross-examination in such an environment and provide practical learning aids to help overcome them.

Cross Examination In International Arbitration addresses the common issues that can occur in cross-examination in arbitrations such as adjusting the level of English to consider the competency of the panel's least competent member or how to cross-examine a witness with only the use of a written statement rather than by means of oral direct testimony. By highlighting the common challenges which might arise, the authors present a guide which will benefit those practicing or looking to practice in this field.

Arbitration and Alternative Dispute Resolution
1. The fundamentals of cross examination
2. Why cross-examination in international arbitration is Different

1. Be fully prepared
2. Be brief
3. Use only 'leading questions'
4. Use only short, simple, unambiguous questions
5. Proceed by small factual steps
6. Listen to the answer
7. Do not ask for conclusions - save for closing argument
8. Do not let the witness repeat the direct testimony
9. Do not let the witness explain
10. Do not argue or get angry