Cross-Examination in International Arbitration

Abstract

Knowing when and how to cross-examine witnesses is an essential part of properly representing clients in international arbitrations. Cases have been won by good cross-examination and lost by bad cross-examination.
We all learn to cross-examine by cross-examining, rather than by reading books and articles about cross-examination. In other words, there is no substitute for actually doing it. This notwithstanding, it is usually helpful to obtain some basic practical and theoretical guidance, however limited, before starting to cross-examine. It is hoped that this contribution will provide some such guidance, albeit in a modest way.