Hong Kong—giving witness evidence in arbitration
Hong Kong—giving witness evidence in arbitration

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Hong Kong—giving witness evidence in arbitration
  • Attendance at hearing
  • Non-attendance by a witness
  • Giving evidence
  • Weight given to witness evidence
  • Practical tips on assisting witnesses

Hong Kong—giving witness evidence in arbitration

This Practice Note provides practical guidance on how witnesses give evidence in arbitration proceedings and the consequences of non-attendance by a witness with reference to the Hong Kong Arbitration Ordinance (Cap 609) (AO).

The way in which witness evidence is presented is not a fixed procedure and will therefore vary from arbitration to arbitration. It is for the tribunal to decide on the appropriate process for the dispute and to determine whether and to what extent there should be oral evidence. The procedure should be set out early in the proceedings by the tribunal in order for the parties to understand how their evidence should be given (AO, s 52).

This Practice Note assumes that witness evidence is to be presented orally and that adversarial cross-examination will take place.

For information on preparing witness evidence, see Practice Note: Hong Kong—preparing witness evidence in arbitration.

Attendance at hearing

While it is possible to have a documents-only arbitration by agreement of the parties, in all but very small-scale arbitration it is usual to have oral hearings which include oral witness evidence (AO, s 52).

It is common, after exchange of witness evidence, for parties to state who of their opponent's witnesses they wish to attend the hearing and give oral testimony. It is also usually open to the tribunal to request that a witness

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