Cross-Examination in International Arbitration

by Kaj Hobér, Howard S. Sussman

Overview

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 organized, it leads the reader through the different cross-examination techniques in an accessible 'do's and don'ts' 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. Hobér 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.

Product Details

ISBN-13:	9780199681235
Publisher:	Oxford University Press
Publication date:	01/27/2015
Pages:	176
Product dimensions:	6.10(w) x 9.10(h) x 0.50(d)

About the Author

Prof. Dr. Kaj Hobér, Professor of International Investment and Trade Law, Uppsala University and Associate Member, 3 Verulam Buildings, London, Howard S. Sussman, Of Counsel, Wrobel Schatz & Fox LLP, New York (and previously Associate Professor of Law at University of Houston)

Prof. Dr. Kaj Hobér is Professor of International Investment and Trade Law at Uppsala University and an Associate Member of 3 Verulam Buildings, London. He was formerly a Partner at Mannheimer Swartling in Stockholm and 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 over 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.

Table of Contents

PART 11. Introduction2. The Legal Background of International Arbitration3. Proceedings in International Arbitration4. Implications for Cross-examination in International Arbitration5. Fundamentals of Cross-examination in International ArbitrationPART 27. Basic Principle No. 2: Be Brief8. Basic Principle No. 3: Use Only Leading Questions9. Basic Principle No. 4: Use Only Short, Simple10. Basic Principle No. 5: Listen to the Answer11. Basic Principle No. 6: Do Not Ask for Conclusions12. Basic Principle No. 7: Do Not Let the Witness Repeat the Direct Testimony13. Basic Principle No. 8: Do Not Let the Witness Explain14. Basic Principle No. 9: Exercise Self-control, Do Not Argue, Or Get Angry, with the WitnessPART 315. Learning from Experience