Arbitration and Oral Evidence - Institute Dossier II

No. P689E

ISBN : 978-92-842-1344-4

Prepared by the ICC Institute of World Business Law, this publication includes contributions by well-known and respected practitioners on the key issue of “Arbitration and Oral Evidence”. The aim 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 present publication includes contributions by well-known and respected practitioners on the key issue of “Arbitration and Oral Evidence”.

All practitioners of international commercial arbitration have witnessed the considerable progress made over the past years to bring in line different traditions. Roughly speaking, there are no longer major differences between substantive laws or rules of law in the field of international commercial arbitration. Evidence is the only area where there are still different approaches because of legal tradition.

The aim of this publication is to give the reader a thorough picture of the practical issues raised by the oral presentation of evidence. Where is the solution? The reader will find in this book the best possible approaches to this key question. The Institute is endeavoring to discuss at its yearly General Meeting matters of current interest to the arbitration world.

Code ISBN : 978-92-842-1344-4
Weight : 0.4000 kgs
Number of pages : 191
Publishing date : 2004
Language : English
Format in cm : 16*23.9

Foreword by Serge Lazareff 

Introduction by V.V. Veeder, Co-Editor

1. Giving evidence: Some reflections on oral evidence vs documentary evidence and on the obligations and rights of the witnesses by Antonias Dimolitsa 

2. Evidence through witnesses by Paul-A. Gélinas 

3. Practices of the horseshed: The preparation of witnesses by counsel in America by Robert S. Rifkind 

4. Witness statements by Anne Véronique Schlaepfer 

5. Oral evidence and experts in arbitration by David Brown 

6. Benefiting from oral testimony of expert witnesses: Traditional and emerging techniques by Richard H. Kreindler 

7. Counsel-witness relations and professional misconduct in civil law systems by Hans van Houtte 

8. The lawyer’s duty to arbitrate in good faith by V.V. Veeder 

Concluding remarks by Laurent Lévy, Co-Editor 

Selected bibliography 

Case Law Index 

Key-words Index 

IBA Rules on the taking of evidence in international commercial arbitration 

Contributors 

List of attendees 

ICC at a glance 

Selected ICC publications 

Editors

Laurent Lévy

V. V. Veeder

Contributors

Serge Lazareff

Antonias Dimolitsa

Paul-A. Gélinas

Robert S. Rifkind

Anne Véronique Schlaepfer

David Brown

Richard H. Kreindler

Hans van Houtte

V.V. Veeder

Laurent Lévy