Witness testimony is a core component of the arbitral process and is often integral to the Tribunal’s fact-finding exercise. But the reliability of witness evidence has come under increased scrutiny in recent years because of the degree of counsel involvement in the preparation and presentation of witness evidence, both prior to and at the hearing….
In CBS v CBP [2021] SGCA 4 the Singapore Court of Appeal upheld the High Court’s ruling in CBP v CBS [2020] SGHC 23, being a rare example of the Singapore Courts setting aside an award. The arbitrator’s decision not to allow a hearing for oral witness evidence was found to be a breach of…
This post considers Practice Direction 57AC (“PD57AC”), which changes the approach to witness evidence in the English Courts, and its potential impact on London-seated arbitration. The New Approach to Witness Statements in English Litigation On 6 April 2021, the English Business and Property Courts marked a significant change in the approach that lawyers, and…
In A and B v C, D and E [2020] EWCA Civ 409, the English Court of Appeal issued on 19 March 2020 an order compelling a non-party to arbitration proceedings seated in New York to give evidence in support of the arbitration. The Arbitration The dispute arose under two settlement agreements between A…
The Danish Institute of Arbitration (DIA) and ICC Denmark hosted Copenhagen Arbitration Day earlier this year. Discussion took place on a wide range of topics such as the criticism of arbitration, diversity and the Prague Rules. The day began with three lunchtime seminars. The first took place at the University of Copenhagen, where four…
As counsel, I know the excitement and curiosity when, receiving the other party’s filing, I turn to the Witness Statement volume first: which witnesses have they put forward? How did they explain certain key meetings or documents? Are they bringing Mr. A to testify? Later, of course, I read the statements repeatedly and scribble marginal…
