Q&As

A key witness (expert or factual) cannot attend an in-person hearing scheduled for my arbitration over the next few months due to travel restrictions. How should I approach this issue vis-a-vis the witness, the client, the other side and the tribunal?

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Published on LexisPSL on 21/03/2020

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • A key witness (expert or factual) cannot attend an in-person hearing scheduled for my arbitration over the next few months due to travel restrictions. How should I approach this issue vis-a-vis the witness, the client, the other side and the tribunal?
  • Clare Ambrose, Twenty Essex
  • Hamish Lal, Akin Gump

Clare Ambrose, Twenty Essex

The party’s representative should consult with the witness and the other side. It would be unusual if a solution cannot be achieved by arranging for evidence to be given remotely. This is fairly standard practice. The technical, forensic and logistical disadvantages are manageable. The tribunal is likely to make directions that protect both sides’ interests but preserve the hearing date.

Hamish Lal, Akin Gump

This is now a common problem. You should alert the tribunal and the other side as

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