Arbitration and Oral Evidence仲裁与口头证供

2006-8  

Aspen Pub  

Laurent, Levy/ Veeder, V. V.  

197  

Arbitration and Oral Evidence, prepared by the ICC Institute of World Business Law, addresses some of the most contentious issues inarbitration procedures. The relationship of written testimony to oral presentation of evidence raises a number of opportunities for abuse. From misleading witness statements to the preparation of unreliable and slanted presentations of experts, the issues raised have divided counsel and arbitrators. This volume, containing papers from distinguished practitioners and arbitrators, provides a balanced and objective view of the problems - and solutions - leading to good general practices that can encourage both fairness and efficiency in the receipt of oral testimony. With this Dossier, the Institute fulfills its dual mission: training and acting as a think-tank for ICC, particularly in the arbitration field. Its chairman since 1999 is Serge Lazareff, a member of the Paris Bar.

FOREWORDNTRODUCTION1 Giving evidence:2 Evidence through witnesses3 Practices of the horseshed:4 Witness statements5 Oral evidence and experts in arbitration6 Benefiting from oral testimony of expert witnesses:7 Counsel-witness relations and professionalmisconduct in civil law systems8 The lawyer's duty to arbitrate in good faithCONCLUDING REMARKSSELECTED BIBLIOGRAPHYCASE LAW INDEXKEY-WORDS INDEXIBA RULES ON THE TAKING OF EVIDENCE IN INTERNATIONALCOMMERCIAL ARBITRATIONCONTRIBUTORSLIST OF ATTENDEESICC AT A GLANCESELECTED ICC PUBLICATIONS

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