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eBook - Arbitration and Oral Evidence eBook

Price: $85.00
Item No.: 689 eBook
ISBN: 978-92-842-1344-3
THIS IS AN eBOOK.  AFTER COMPLETING THE ORDER PROCESS, AN EMAIL WITH DOWNLOAD INSTRUCTIONS WILL BE SENT TO YOU.  Thank you!
Arbitration and Oral Evidence
Clarifying the Ambiguities Surrounding the Oral Presentation of Evidence
 
Pub No. 689 eBook
2004 Edition
190 pages
 
 
In recent years, international commercial arbitration procedures have made great strides to bring into line different traditions of law and practice.  According to some observers, written witness statements, taken in advance, have lessened the chance that surprises will be sprung upon counsel and arbitrators during oral testimony.

But considerable problems remain.  The aim of Arbitration and Oral Evidence, prepared by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the oral presentation of evidence and to present a balanced series of solutions to the problems involved.

The Issues

The evidential relationship between contemporary documentation, written testimony and oral testimony is a permanent challenge to all arbitrators and counsel in an international arbitration.  However experienced the factual or expert witness may be, an oral witness has to be prepared for his testimony and a witness statement has to be written, both with legal help.

The issues divide counsel and arbitrators, and there is a need for a better understanding of what is right and wrong in the interaction between written and oral evidence.


The Authors
 

Written by expert arbitrators and practitioners, some of whom are affiliated with the ICC's Court of Arbitration, Arbitration and Oral Evidence, approaches the problems of oral evidence from several points of view, among them:

  • Oral Evidence vs documentary evidence
  • Witness statements
  • Benefiting from oral testimony of expert witnesses
  • Counsel-witness relations
Taken together, there observations provide a comprehensive overview of the problems and possible solutions.
 
 
 
 

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