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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Fair and Equitable Treatment of Witnesses in International Arbitration—Some Emerging Principles

Fair and Equitable Treatment of Witnesses in International Arbitration—Some Emerging Principles

Chapter:
(p.357) 22 Fair and Equitable Treatment of Witnesses in International Arbitration—Some Emerging Principles
Source:
Practising Virtue
Author(s):

David A R Williams

Anna Kirk

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0023

This chapter discusses the emerging principles of the fair and equitable treatment of witnesses in international arbitration. These principles are embedded in the concepts of procedural fairness and good faith, and are fundamental to the integrity of the arbitral process as a whole. The fair treatment of witnesses includes the prevention of witness intimidation (both overt and subtle forms intimidation); the prevention of unjustified attacks on the credibility of a witness and/or the witness’ integrity, particularly in cases involving fraud or corruption; and providing a witness with a fair opportunity to address such challenges and potentially all major contradictions of his or her evidence. Moreover, where a witness’ evidence has gone unchallenged, the tribunal arguably should accept the correctness of the evidence, unless exceptional circumstances require otherwise. Where these principles are infringed by a party or its counsel, a range of sanctions is available to the tribunal.

Keywords:   fair treatment, witnesses, international arbitration, ethical standards, arbitral tribunals, fairness, cross-examination

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