Cross-examination has been described, from a common-law perspective, as the ‘greatest legal engine ever invented for the discovery of truth’ (John Wigmore, Evidence 1st ed., 1904). While traditionally less relevant in the civil law context, it remains essential to the practice of international arbitration.
Please join us for a two-part series on the theory and practice of cross-examination. In part one, participants will hear from leading counsel and arbitrators on the objectives, strategies and techniques for an effective cross-examination in international arbitration. Part two will be devoted to learning through practice, with participants given the opportunity to conduct short cross-examinations and receive feedback from some of the most experienced arbitrators operating in Asia and beyond.
The fictitious problem that will be used in the second session will explore the tension between the energy-intensive crypto industry and the path to net-zero emissions, thus providing participants with a unique opportunity to learn about cross-examination through the prism of two trends that are likely to feature prominently in future disputes.
Both sessions will take place on a virtual platform, enabling a large number of participants and instructors.
Part One | 1 March 2022 – Theory
1. The theory and practice of cross-examination, including real-life examples and advocacy techniques (Mark Mangan, Judith Gill QC and Sapna Jhangiani QC)
2. What makes an effective cross-examination in the eyes of the tribunal (Dame Elizabeth Gloster, Professor Jan Paulsson, Neil Kaplan CBE QC SBS)
3. The ICC’s perspective on the handling of witness evidence (Hazel Tang)
4. Brief introduction to the fictitious problem that will be used in part two (Mark Mangan, Daniel Gaw)
For more information and to register for part two, please click here.
For queries related to this event, please contact Abby Cook.
