Fact Witness Statements

Question 1

When should they be submitted

Answer 1

With the first round of pleadings and with the second round

Question 2

Who prepares fact witness statements

Answer 2

Counsel

Question 3

What should fact witness statements contain/not contain?!

Answer 3

Should have a recollection of what they sawe heard etc
Shouldnt be on a legal basis where theyre trying to sway the arbitrator
Should not include hearsay!!!

Question 4

What if the witness doesnt speak the language of the arbitration

Answer 4

1. Get a certified translator
2. Must guuarantee that this is the witnesses own testimony

Question 5

What are fact witness statements for

Answer 5

To bring the documents to life
To give an explanation behind the documents or evidence

Question 6

Common Law v Civil law

Answer 6

CV L: More emphasis on documents than testimony

CL: More emphasis on testiminy than evidence

Parties strategically chose arbitrators from the jurisdictions depending on what they want to hold greater weight

Question 7

What role should experts play in disclosure

Answer 7

Adding their expert opinion onto the matter
Hottub: Group discussion where tribunal can ask questions

Question 8

Prague rules

Answer 8

Give a civil law touch, makes the judge have a more pro-actie role

Question 9

CMC

Answer 9

Scheduling first round of pleadings
Encourage tribunal to hear discussions of case
Ask party questions
Suggest where further evidence may be needed.