Cross Examination in International Arbitration

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 point by point structure, presenting readers with a clear and authoritative introduction on how best to conduct a 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, needs 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.PART 1: BACKGROUND ; 1. Introduction ; 2. The Legal Background of International Arbitration ; 3. Proceedings in International Arbitration ; 4. Implications for Cross-examination in International Arbitration ; 5. Fundamentals of Cross-examination in International Arbitration ; PART 2: THE NINE BASIC PRINCIPLES ; 6. Basic Principle No. 1: Be Fully Prepared ; 7. Basic Principle No. 2: Be Brief ; 8. Basic Principle No. 3: Use Only Leading Questions ; 9. Basic Principle No. 4: Use Only Short, Simple, Unambiguous Questions ; 10. Basic Principle No. 5: Listen to the Answer ; 11. Basic Principle No. 6: Do Not Ask for Conclusions ; 12. Basic Principle No. 7: Do Not Let the Witness Repeat the Direct Testimony ; 13. Basic Principle No. 8: Do Not Let the Witness Explain ; 14. Basic Principle No. 9: Exercise Self-control, Do Not Argue, Or Get Angry, with the Witness ; PART 3: CONCLUDING REMARKS ; 15. Learning from Experience