Cross-Examination in International Arbitration

Author: Kaj I Hobér; Howard S. Sussman
Publisher: Oxford University Press
ISBN: 9780199681235
Published In: December 2014
Format: Paperback , 176 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first focused, practical guide to cross-examination in international arbitration
Written in an accessible style by two highly expert practitioners with examples from their own practice
Provides sample transcripts of good cross-examinations for those with little opportunity to gain hands-on experience
A quick reference structure and helpful tips aid understanding of the key techniques
Highlights the potential cultural, jurisdictional, and linguistic differences amongst the arbitral tribunal

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, 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.

Readership: Practitioners in the field of international arbitration and students from both civil and common law jurisdictions who want to learn the techniques, psychology, and language needed for effective cross-examination in international arbitration.

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

Kaj I. Hobér is a Partner at Mannheimer Swartling in Stockholm and a Professor of International Investment and Trade Law at Uppsala University. He has acted as arbitrator in more than 150 international arbitrations and as counsel in a comparable number. He was involved in preparing the 1999 Swedish Arbitration Act and in drafting the Arbitration Rules of the Swedish Chamber of Commerce. He sits on the board of the Arbitration Institute of the Stockholm Chamber of Commerce. He has published numerous books and articles in the field of arbitration.

Howard S. Sussman is of Counsel at Wrobel Schatz & Fox LLP, New York. He is a highly-experienced trial and appellate litigator, having practiced for almost fifty years in civil litigation, arbitration, and white-collar criminal prosecution and defence. From 1977-1982 he was Associate Professor of Law at the University of Houston, Texas, before founding Sussman Sollis Tweedy & Wood LLP, New York. He is now a prominent consultant on domestic and international business disputes and related issues and is the 'Elder Statesman' at Wrobel Schatz & Fox LLP.