03Aug2010
Arbitrators on the Witness Stand! Comparative Approaches
- By Romain Dupeyré, BOPS Avocats,
for YIAG
Can arbitrators be called to give testimony on the arbitral procedure before the court in charge of annulment or enforcement actions? Courts in England and Norway had to tackle this issue and have given a similar answer to this question: arbitrators can be asked to give testimony as to the elements of facts of the proceedings. Courts have however been careful not to interfere with the arbitrators’ freedom of judgment and refused to hear them on the grounds of their decisions.
These decisions are commented below, and are put in perspective with other cases from the Paris Court of appeal and the practice of the Swiss Federal Tribunal.
England
The question of whether arbitrators can be calle [...]
