Take the Witness: Cross-Examination in International Arbitration - Second Edition

Take the Witness: Cross-Examination in International Arbitration - Second Edition continues its tradition of being the leading work on the topic, featuring nearly 30 outstanding figures in the field. This volume is the go to reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world. Take the Witness is a collection of do s, don ts, and real-life examples that thread the fine needle of cross-examination before a panel of international arbitrators many of whom are unfamiliar with, and perhaps even skeptical of, this common-law tradition. It is said that international arbitrators prefer to rely on documents rather than witnesses, on the presumption that witness testimony is always self-serving and therefore of scant probative value. Documents, on the other hand, say what they say without the need to waste time asking them. Thus, in a forum where even direct testimony is often submitted by certification rather than by questioning, the problem arises where, when, how and why to cross-examine a live witness?

The contributors to this volume raise marvelous topics. Is your purpose in cross-examination to undermine the direct testimony? To emphasize selective facts and opinions proffered during direct but beneficial to your side? To impeach? To refocus the tribunal to parts of a document rather than the witness interpretation of it? To refute? To underscore partial agreement? To argue? To bring out what the witness failed to say or do?

The tone of these essays is as enjoyable as the content is enlightening. The roster of contributors reads like a list of the greats in the field. The book is eye-opening, entertaining and richly provocative. It would be difficult to imagine a more authoritative single volume on the subject, and it is of inestimable value to counsel and tribunal alike.