Arbitration and Oral Evidence
By: Laurent Levy, V. V. Veeder
An indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures. the aim of Arbitration and Oral Evidence, prepared by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the oral presentation of evidence and to present a balanced series of solutions to the problems involved. This is the second in a series of Dossiers from the ICC Institute. See also Arbitration - Money Laundering, Corruption and Fraud and Parallel State and Arbitral Procedures in International Arbitration. The issues the evidential relationship between contemporary documentation, written testimony and oral testimony is a permanent challenge to all arbitrators and counsel in an international arbitration. However experienced the factual or expert witness may be, an oral witness has to be prepared for his testimony and a witness statement has to be written, both with legal help. the issues divide counsel and arbitrators, and there is a need for a better understanding of what is right and wrong in the interaction between written and oral evidence. Arbitration and Oral Evidence lays out the issues in a transparent and easy-to-understand way. The authors Written by expert arbitrators and practitioners, some of whom are affiliated with the ICC's Court of Arbitration, Arbitration and Oral Evidence, approaches the problems of oral evidence from several points of view, among them: Oral evidence vs documentary evidence Witness statements Benefiting from oral testimony of expert witnesses Counsel-witness relations Taken together, these observations provide a comprehensive overview of the problems and possible solutions.
AI Overview
"Arbitration and Oral Evidence" is a book authored by Laurent Lévy and V. V. Veeder, focusing on the practical issues and challenges associated with the oral presentation of evidence in international commercial arbitration. Here is a comprehensive overview of the book:
Key Themes
Practical Issues in Oral Testimony:
- The book delves into the complexities and challenges of presenting oral evidence in international commercial arbitration. It covers the practical aspects of preparing witnesses, drafting witness statements, and managing oral testimony.
Evidential Relationship:
- It explores the relationship between contemporary documentation, written testimony, and oral testimony. The authors highlight the need for a better understanding of how these different forms of evidence interact.
Balanced Solutions to Problems:
- The book aims to present a balanced series of solutions to the problems involved in oral evidence presentation. It includes contributions from well-known and respected practitioners in the field, offering diverse perspectives on managing these challenges.
International Commercial Arbitration:
- The publication addresses the progress made in international commercial arbitration procedures over the years, particularly in aligning different legal traditions. It notes that while substantive laws and rules have largely converged, there are still significant differences in approaches to evidence due to legal traditions.
Plot Summary
The book does not have a narrative plot but rather a structured approach to addressing the practical issues in oral evidence presentation. It covers topics such as:
- Preparation of Witnesses: The importance of preparing witnesses for their testimony and the role of legal assistance in this process.
- Witness Statements: The need for written witness statements and how they can mitigate surprises during oral testimony.
- Interaction Between Written and Oral Evidence: The challenges and best practices for integrating written and oral evidence effectively in arbitration proceedings.
Critical Reception
While there is no specific critical reception available for this book in the provided sources, the following points can be inferred from the descriptions:
- Expertise and Authority: The authors, Laurent Lévy and V. V. Veeder, are expert arbitrators and practitioners, which lends credibility to their insights and recommendations.
- Practical Guidance: The book is praised for laying out the issues in a transparent and easy-to-understand way, making it an indispensable guide for arbitrators, lawyers, and anyone interested in arbitration procedures.
Overall, "Arbitration and Oral Evidence" is a comprehensive resource that provides practical guidance and balanced solutions to the challenges of oral evidence presentation in international commercial arbitration.