Witness statements are the standard method by which the direct testimony of witnesses is submitted in evidence in international arbitration proceedings. Typically, they are submitted in writing some months before any hearings and, in most cases, little time is spent at hearings on the examination-in-chief of a witness—typically a 10 to 15 minute “warm up.” The bulk of hearing time is spent on cross-examination. In a previous article in this column, I offered some practice pointers for conducting cross-examination in international arbitration proceedings. (“Cross-Examination in International Arbitration,” NYLJ, Aug. 7, 2015). Here, I do the same for the preparation of witness statements.
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