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CHAPTER 4 Witnesses of fact

Rules of Evidence in International Arbitration

Page 111


Witnesses of fact


4.01 The general preference for documentary evidence notwithstanding, fact witnesses are often relied on in international arbitration as a means of presenting evidence. The procedures for taking witness testimony have evolved over time and it would seem that the modern practice for admitting witness evidence follows three basic assumptions: (1) a party has the right to be given notice of the identity of a witness and the subject matter of their testimony-in-chief before a hearing; (2) a witness who has provided testimony should be available to answer questions of the opposing party and/or the tribunal based upon that testimony; and (3) a tribunal’s right to freely consider and weigh the evidence before it means that there are very few restrictions on who may offer testimony as a witness.

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