Take the Witness: Cross-Examination in International Arbitration - Second Edition

$150.00
by Lawrence W. Newman

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Take the Witness: Cross-Examination in International Arbitration - Second Edition Whether in the courtroom or in an international arbitration, cross-examination is among the most prized skills of the professional advocate in large business disputes.  The questioner’s ability to confront opposing testimony, probe weaknesses and expose contradictory statements is often key to winning a case.  These skills, while critical, can only be learned through a combination of experience and application.  In this text (now in its second edition), over 30 international arbitration veterans share their various thoughts on how to conduct an effective cross-examination. Take The Witness combines chapters dealing with the legal framework and technique of cross-examination (including the basic "dos and don’ts" of questioning), as well as its practical application in the international arbitration setting.  The differences between traditional common law courtroom cross-examination and arbitration cross-examination are explained by practitioners expert in the Anglo-American tradition; meanwhile, authors from non-common law countries also give their perspective on the utility and proper scope of cross-examination. Key topics in international disputes, such as cross-examining on documents, or cross-examining witnesses who speak a different language arbitration) are covered, as are current-day issues such as cross-examining via video link.  The chapters dealing with technique cover both questioning of ordinary witnesses as well as the rules and techniques for cross-examining expert witnesses (including technical, quantum and legal experts).  Special subject areas within international arbitration (e.g. investor-state arbitration) are covered in depth.  In addition, unique cultural issues that often arise in international arbitration (e.g. cross-examination in Asia-seated arbitration, Latin American cases, and in arbitrations involving witnesses from the former Soviet Union) are discussed by senior practitioners with experience in the field. This is a highly-readable, engaging and substantive resource for counsel and arbitrators alike. "A remarkable collection of essays about cross-examination in international arbitration, from a host of leading practitioners and arbitrators; the contributions are both thoughtful and practical and should be required reading for anyone involved in international arbitration." --Gary Born, Partner and Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale & Dorr LLP, London "This impressive collection of essays on the art of cross-examination as it applies to international arbitration will serve to level the playing field between counsel from different legal traditions or with varying degrees of experience in oral advocacy. For that the editors are to be commended. This book is a must for all international arbitration practitioners." --Pierre Bienvenu, Senior Partner and Global Co-head of International Arbitration at Norton Rose Fulbright "An all-star set of contributors present a superb collection of essays on a topic vital to international arbitration." --William Park, Professor of Law, Boston University, and past President, London Court of International Arbitration (LCIA) LAWRENCE W. NEWMAN (CO-EDITOR) conceived the idea of this book. Mr. Newman received his initial courtroom experience in his five years as an Assistant United States Attorney in the Office of the United States Attorney for the Southern District of New York, after which he joined the litigation department of the New York office of Baker & McKenzie. That department, under his direction, focused on international litigation and arbitration and became the leading law office in the world (in terms of number of cases) in the representation of claimants against Iran in arbitration at the Iran-United States Claims Tribunal in The Hague. Mr. Newman has represented claimants and respondents in commercial and investment arbitration proceedings in the United States, Europe and Latin America.  He also sits as an arbitrator in cases involving international matters. Mr. Newman is the editor, co-editor and co-author of several books on international litigation and arbitration, including Enforcement of Foreign Judgments (three volumes), Attachment of Assets (two volumes), Litigating International Commercial Disputes, Checklists of International Arbitration (three editions), The Leading Arbitrators’ Guide to International Arbitration (three editions), Interim Measures in International Arbitration and Soft Law in International Arbitration and was co-editor of the first edition of this book. Since 1982, he has been co-author of the “International Litigation” column in the New York Law Journal.  Mr. Newman was Chairman for four years of the International Disputes Committee of the New York City Bar, and thereafter the Chairman of the Arbitration Committee of the International Institute for Conflict Prevention and Resolution

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