Witnesses before the International Arbitral Tribunal

Abstract

It is commonplace before international arbitral tribunals sitting in Switzerland to conduct extensive examinations of witnesses. In the interest of admitting flexible solutions, national arbitration acts and institutional arbitration rules do usually not provide for detailed provisions as to the taking of evidence from witnesses. Nevertheless, it is obviously in the interest of all parties to arbitral proceedings that firm and clear rules are determined in this regard. It is the arbitral tribunal’s task to provide for rules which are adapted to the individual case. This article gives an overview of the issues that may arise in connection with the examination of witnesses and for which the arbitral tribunal should provide supplementary procedural rules, if the procedural rules agreed by the parties do not provide for detailed rules.