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Lawrence W. Newman and David Zaslowsky Lawrence W. Newman and David Zaslowsky

International arbitration hearings are primarily about cross-examination. Direct testimony, both from fact witnesses and experts, almost always comes from written statements or reports presented by the witnesses. As we discussed in two columns several years ago, cross-examination of witnesses proffering written statements can involve strategic or tactical decisions, including whether to cross-examine at all. See “Cross-examination in International Arbitration,” NYLJ (March 26, 2007), and “Witness Statements in International Arbitration,” NYLJ (May 27, 2008).

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