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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 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.
Kaj I Hober, Partner, Mannheimer Swartling in Stockholm and Professor of East European Commercial Law at Uppsala University,Howard S. Sussman, Of Counsel, Wrobel Schatz & Fox LLP, New York (and previously Associate Professor of Law at University of Houston)
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 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 almost 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 and is the 'Elder Statesman' at Wrobel Schatz & Fox LLP.
Table of Contents
1. The fundamentals of cross examination
2. Why cross-examination in international arbitration is Different
TEN DO'S AND DON'T'S
1. Be fully prepared
2. Be brief
3. Use only 'leading questions'
4. Use only short, simple, unambiguous questions
5. Proceed by small factual steps
6. Listen to the answer
7. Do not ask for conclusions; save for closing argument
8. Do not let the witness repeat the direct testimony
9. Do not let the witness explain
10. Do not argue or get angry