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This work is an indispensable guide for arbitrators, lawyers and
anyone with an interest in arbitration procedures. In recent years,
international commercial arbitration procedures have made great
strides to bring into line different traditions of law and
practice. According to some observers, written witness statements,
taken in advance, have lessened the chance that surprises will be
sprung upon counsel and arbitrators during oral testimony. But
considerable problems remain. 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 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.
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