Effective Cross-Examination in International Arbitration - Procedural, Cultural & Logistical Challenges

Introduction

Cross-examination is a vital part of any litigator’s skills. In any context, it can make or break a case. It requires a strong academic foundation, professional practice and case-specific preparation.

In international arbitration, cross-examination is subject to its own procedural, cultural and logistical challenges. Unlike in domestic proceedings, the procedural rules governing arbitral cross-examination can and should be tailored to each case. Arbitral cross-examination is conducted by a wide range of legal professionals, including those without rights of audience before domestic courts. It involves witnesses and arbitrators from a diverse host of cultural and legal backgrounds, with significantly different expectations of how a litigation should proceed. Arbitral cross-examination is usually subject to stricter time limits and it often involves the use of a translator.

As a result of the COVID-19 pandemic, it is also increasingly conducted virtually, which involves additional logistical challenges.

What You Will Learn

This live and interactive session is designed to improve your cross-examination skills. It will cover:

• The fundamentals of cross-examination common to all contentious proceedings
• The unique considerations relevant to cross-examination in international arbitration
• The main considerations that should be taken into account when agreeing to the procedural rules governing cross-examination in an arbitration
• How litigators should prepare for cross-examination in international arbitration
• How to prepare witnesses for cross-examination in international arbitration
• How to conduct effective cross-examination in international arbitration: dos and dont’s
• How to address the key cultural differences that commonly appear in the cross-examination of foreign witnesses and non-UK arbitrators
• How to address the logistical challenges of cross-examination in an international arbitration, including those related to simultaneous translation and virtual hearings during the COVID-19 pandemic

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.