Taking witness evidence by video has long been considered acceptable practice in many jurisdictions. The Covid-19 pandemic of recent years has further affirmed the acceptability and use of this…
There has been a requirement in the United Arab Emirates (“UAE”) for witnesses to take an oath when giving their testimony in arbitration proceedings. Awards that relied on testimonies of witnesses…
The COVID-19 pandemic forced many arbitration proceedings from a physical to a virtual format, including witness interrogations. Even though virtual examinations offer many well-known advantages,…
On 8 September 2023, a tribunal comprising Prof. Ricardo Ramírez Hernández (President), Prof. John Gotanda and Prof. Philippe Sands issued its award in Glencore Finance (Bermuda) Ltd v. Bolivia (PCA…
Evidence is the beating heart of almost every dispute, and there is no exception in international arbitration. Therefore, the ‘Evidence in International Arbitration Report’ (Report) recently released…
The rapid growth of international arbitration in the Asia-Pacific has sparked many discussions about how different cultural practices and legal traditions impact advocacy in cross-border disputes …
An ICC Young Arbitration & ADR Forum (YAAF) seminar titled “Another Tub – Is it Time for Fact Witness Conferencing?” was held in Seoul on 20 April 2023. In international arbitration proceedings,…
Witness testimony is a core component of the arbitral process and is often integral to the Tribunal’s fact-finding exercise. But the reliability of witness evidence has come under increased scrutiny…
The trial of Socrates
In 399 BC, the philosopher Socrates was tried on the charges of asebeia, or impiety, and of corrupting the youth of Athens. The trial is famous for, inter alia, Socrates’…
