Cross Examination in International Arbitration

Paperback | January 12, 2015

byKaj I. Hober, Howard S. Sussman

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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 organised, it leads the reader through the differentcross-examination techniques in an accessible point by point structure, presenting readers with a clear and authoritative introduction to the "art" of 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. Hober and Sussman explore the challenges practitionersface 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 considerthe 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 orlooking to practice in this field.

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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...

Kaj I. Hober is a Partner at Mannheimer Swartling in Stockholm and a Professor of International Investment and Trade Law at Uppsala University. He 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 A...

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Format:PaperbackDimensions:200 pagesPublished:January 12, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199681236

ISBN - 13:9780199681235

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Table of Contents

Part I: BACKGROUND1. Fundamentals of International Arbitration2. The Fundamentals of Cross-Examination in Internation al ArbitrationPart II: The Nine Basic Principles3. Use only leading questions4. Use only short, simple, unambiguous questions5. Listen to the Answer6. Do not ask for conclusions7. Do not let the witness repear the direct testimony8. Do not let the witness explain9. Do not argue, or get angry, with the WitnessPart III: CONCLUDING REMARKS