Cross-examination in international arbitration : nine basic principles / Kaj Hobér, Howard S. Sussman.

Format:

Book

Author/Creator:

Hobér, Kaj, 1952- author.

Sussman, Howard S., author.

Language:

English

Subjects (All):

International commercial arbitration.

Cross-examination.

Physical Description:

1 online resource (xi, 161 pages)

Edition:

1st ed.

Place of Publication:

Oxford, England : Oxford University Press, [2014]

Summary:

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-examinationtechniques 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 aquick-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 thecommon 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 thecommon challenges which might arise, the authors present a guide which will benefit those practicing or looking to practice in this field.

Contents:

Cover

CROSS-EXAMINATION IN INTERNATIONAL ARBITRATION

Copyright

Preface

Table of Contents

Part I Background

1 Introduction

2 The Legal Background of International Arbitration

A A Dispute Resolution Procedure Agreed upon by the Parties

B The Law Surrounding International Arbitrations

C The Arbitration Agreement Bars Court Proceedings

D The Doctrine of Separability

E The Principle of Compétence de la Compétence

F Arbitral Awards Are Final and Binding on the Merits

G International Enforceability

3 Proceedings in International Arbitration

A The Typical Stages of an International Arbitration

B Deviations from the Usual Procedures of Civil Litigation

1 Restraints on pre-hearing discovery

2 Few, if any, rules of evidence

3 Inapplicability of iura novit curia

C Written Submissions

1 The initial submissions

a The prayers for relief

b The legal grounds

c The facts and circumstances

2 New claims, amendments, set-offs, counterclaims

3 Post-hearing briefs

D Evidence

1 Party control

2 Powers of the arbitrators

3 Admission of evidence

a Standards for admissibility

b Documentary evidence and production of documents

c Witness testimony in general

d The form of the testimony

4 Implications for Cross-examination in International Arbitration

A The Decision-maker

B Multiculturalism

C Evidence in General

D Documentary Evidence

E Limitations on Time and on the Possibility of Surprising a Witness

5 Fundamentals of Cross-examination in International Arbitration

A The Purpose of Cross-examination

B What Is Cross-examination?

C Deciding Whether to Cross-examine

D The Risks of Cross-examination

E Planning the Cross-examination

F Keeping Control of the Witness

G The Form of the Questions

H What Do You 'Know'?.

I Avoid Questions about Conclusions

J The Significance of the Non-verbal

K Sensing the Environment

L Getting Your Question Answered

M Self-control

N Make No More than Three Main Points

O Adapt to the Environment

Part II The Nine Basic Principles

6 Basic Principle No. 1: Be Fully Prepared

A A Lot of Hard Work

B Prepare a Plan for Your Cross-examination

C Determine the Ultimate Objective of Your Cross-examination

D What Questions Should You Ask?

E How Should You Put the Questions?

F Prepare Your Use of Documents and Exhibits

G Prepare Follow-up and Alternative Questions

H Mental and Other Training

7 Basic Principle No. 2: Be Brief

A Make No More than Three Main Points

B The Rationale for Brevity

C Cross-examining Experts

8 Basic Principle No. 3: Use Only Leading Questions

A What Is a 'Leading Question'?

B Open Questions

C Formulating Questions

9 Basic Principle No. 4: Use Only Short, Simple, Unambiguous Questions

A Simplicity Is Essential to Effective Advocacy

B Use Only Short Questions

C Use Only Simple Questions

D Use Only Unambiguous Questions

E Another Real-life Example

10 Basic Principle No. 5: Listen to the Answer

A Evaluate the Answer Before Proceeding

B An Illustrative Hypothetical Case

C The Witness's Psychological State

D The Nature of the Answer-A Simple 'Yes'

E The Nature of the Answer-More than 'Yes'

F Failure to Answer-In General

G Failure to Answer-the Honest Witness

H Failure to Answer-the Witness with an Agenda

I Another Illustrative Hypothetical Case

11 Basic Principle No. 6: Do Not Ask for Conclusions

A Stick to the Facts

B The Consequences of Not Sticking to the Facts

C Explicit Requests for Agreement

D Indirect Requests for Agreement

E Avoid 'One Question Too Many'

F When to Stop.

12 Basic Principle No. 7: Do Not Let the Witness Repeat the Direct Testimony

A The Nature of the Risk

B Avoiding Repetition of Direct Testimony

C Dealing with a Repetition

D Inconsistent Statements by the Witness

E The Nature of the Inconsistency

1 What the inconsistency relates to

2 Evading or explaining the inconsistency

F Use of Inconsistent Statements-In General

G Use of Inconsistent Statements-the Resistant Witness

H Other Intended Repetitions

13 Basic Principle No. 8: Do Not Let the Witness Explain

A Maintaining Control

B 'I can't answer that yes or no'

1 The cooperative witness

2 The recalcitrant witness

C 'I don't understand the question'

D 'Let me explain that'

1 The witness's speech

2 Your response

a Using the content of the speech

b Using simple questions

c The witness's anxiety level

d What to avoid

E 'Let me ask you a question'

14 Basic Principle No. 9: Exercise Self-control-Do Not Argue, Or Get Angry, with the Witness

A Controlling the Witness Requires Your Self-control at All Times

B Arguing with the Witness

1 Loss of control

2 Loss of persuasiveness

C Avoiding Argument

D Getting Angry with the Witness

E Avoiding Anger

F Self-control

G Your Need for Personal Integrity

Part III Concluding Remarks

15 Learning from Experience

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-150709-1

0-19-150708-3

9780199681235

9780191507090

OCLC:

958576891