![]() “the full name and address of the witness, a statement regarding his or her present and past relationship (if any) with any of the Parties, and a description of his or her background, qualifications, training and experience, if such a description may be relevant to the dispute or to the contents of the statement.” Introduction of the WitnessĪrticle 4(5)(a) of the IBA Rules provides that the introduction of a witness shall contain: We will discuss these parts in the sections below. Pursuant to these rules, witness statements usually follow a common structure divided into several parts. Structure of Witness Statements in International ArbitrationĪlthough there are no mandatory requirements as to what form a witness statement should take, guidance is often sought in the IBA Rules on the Taking of Evidence in International Arbitration (“ IBA Rules”). In some cases, the appearance of a witness can also be ordered directly by the arbitral tribunal. ![]() Having a witness statement submitted along with written submissions will allow the arbitral tribunal, as well as the parties, to prepare for the evidentiary hearing during which, if called, the witnesses are to be examined and questioned regarding the content of their statements. If one party submits a witness statement with its written submission, the other party will have an opportunity to comment upon it in its subsequent submission or to present a rebuttal witness statement. The intervention of witnesses is commonly done through the submission of written witness statements, which are often submitted along with the parties’ written submissions. The reasons to use witnesses in international arbitration are multiple: to reinforce evidence already presented in support of a party’s claim(s), to “ fill” an evidentiary gap when other evidence is insufficient or ambiguous, or to rebut evidence presented by the other party. The witness can typically be any person including officers, representatives or employees of the party for which he/she is to provide testimony. ![]() It is common to use witness statements in international arbitration.
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