Chapter 12 Flashcards
What is the normal procedure at an oral hearing?
What is the role of expert witnesses?
What can an arbitrator do if a witness does not attend to give evidence?
Which of the following is a leading question? (1) Is your full name Algernon George Brown? (2) Did you sign the contract? (3) Did you make and initial the two alterations to Clause 3?
What is the purpose of the cross-examination and re-examination of a witness? What are the differences between approaches towards cross-examination of witnesses by common law lawyers and civil law lawyers?
What are the functions and duties of an expert witness? What is a general approach towards party witnesses in international arbitration? Why may witnesses be sequestered during arbitral proceedings?
Examination-style questions
* In an arbitration, expert reports have been exchanged. At the hearing the respondent’s expert does not turn up. What should the arbitrator do?
- Give two examples of leading questions. When and why are such questions allowed and when are they not allowed in the examination of a witness?
- What is meant by a ‘without prejudice’ meeting? When are such meetings desirable?
