Arbitration and Oral Evidence - Institute Dossier II

No. @689E

ISBN : 978-92-842-1344-3

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 : 978-92-842-1344-3
Number of pages : 191
Publishing date : 2004
Language : English
Format in cm : N/A

Foreword 

Introduction by V.V. Veeder 

1. Giving evidence

Some reflections on oral evidence vs documentary evidence and on the obligations and rights of the witnesses

2. Evidence through witnesses

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

4. Witness statements

5. Oral evidence and experts in arbitration

6. Benefiting from oral testimony of expert witnesses

Traditional and emerging techniques

7. Counsel-witness relations and professional misconduct in civil law systems

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

Concluding remarks by Laurent Lévy 

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 

DAVID BROWN is the Managing Partner of the Paris office of Shadbolt & Co, and practices as both an English solicitor and an avocat at the Paris Bar, specialising in international arbitration both as counsel and arbitrator. He and his firm are particularly involved in construction-related work, and he also has a wideranging practice in international trade and joint venturing arrangements. He is a Council Member of the ICC Institute.

ANTONIAS DIMOLITSA is a Partner of the law firm A. Dimolitsa & Associates, Greece. She is a Council Member of the ICC Institute, former Member of the International Court of Arbitration and Vice-President of the Forum ICC Rules/Court in the ICC Commission on International Arbitration. She is also Member of the Council of the Greek Arbitration Association.

PAUL-A. GÉLINAS is Member of the Montreal and Paris Bars. He is the former Chairman of the ICC Commission on International Arbitration (1994-2001) and a former Member of the International Court of Arbitration (1974-1990). He acts mainly as arbitrator and mediator. He is a Council Member of the ICC Institute.

HANS VAN HOUTTE teaches conflicts of laws, arbitration and international business law at Leuven University -Belgium. He has served as arbitrator in well over 100 arbitrations. He has been member of the Commission for Real Property Claims in Bosnia and Herzegovina (1996-2003) and the United Nations Compensation Commission (1998-2001) as well as an Arbitrator and Senior Judge at the Claims Resolution Tribunal for Dormant Accounts in Switzerland (1999-2002). He is currently President of the Eritrea-Ethiopia Claims Commission. He is also the author of over 100 articles on arbitration and international business transactions.

RICHARD H. KREINDLER is a Partner of the law firm Shearman & Sterling, resident in its Frankfurt office, and specialising in international arbitration and litigation matters. He is a Council Member of the ICC Institute and a Member of the ICC Commission on International Arbitration. Admitted to practice in New York and Paris, and graduated from Harvard, Munich and Columbia Universities, he is an Adjunct Professor of Law at the University of Münster (Germany) in the areas of transnational litigation and arbitration.

SERGE LAZAREFF is Member of the Paris Bar. He is Doctor of Law of the University of Paris and holds an LL.M. from Harvard. He is Chairman of the ICC Institute and Chairman of the French Arbitration Commission of ICC France. He was formerly General Counsel for International Operations and Vice-President Asia-pacific of Pechiney, one of the leading French industrial groups.

LAURENT LÉVY Docteur en droit (University of Paris/Panthéon/Sorbonne), he is a partner of the Firm Schellenberg Wittmer (formerly Brunschwig, Biaggi, Lévy, then Brunschwig Wittmer) since 1981, specialising in international commercial arbitration, serving very often as arbitrator and also acting as counsel. His other fields of expertise are international law and commercial law. He is the author of several articles on arbitration, relating in particular to banking law, corporate law and insolvency law. He is also a Council Member of the ICC Institute.

ROBERT S. RIFKIND is a Senior Counsel in the New York office of the law firm Cravath, Swaine & Moore LLP, specialising in civil litigation and international arbitration. From 1965 to 1968 he served as Assistant to the Solicitor General in the United States Department of Justice in Washington, D.C. He is graduated from Yale University and Harvard Law School.

ANNE VÉRONIQUE SCHLAEPFER is a partner of the Firm Schellenberg Wittmer since January 1, 2002, specialising in international commercial arbitration. She acts mostly as counsel in arbitration proceedings relating inter alia to corporate affairs, energy, joint ventures, sales.

V. V. VEEDER is Arbitrator and Advocate of Essex Court Chambers (London). He is also General Editor of “Arbitration International”, Chairman of ARIAS-AIDA (UK), Council Member of the ICC Institute and Chairman IFSL Arbitration Committee.