Hong Kong—preparing witness evidence in arbitration
Hong Kong—preparing witness evidence in arbitration

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

  • Hong Kong—preparing witness evidence in arbitration
  • Witness statements
  • Preparing the witness

Hong Kong—preparing witness evidence in arbitration

This Practice Note gives practical guidance on preparing witness statements and preparing the witness for cross examination in arbitration under the Hong Kong Arbitration Ordinance (Cap 609) (AO).

Note: The Hong Kong cases referred to below are not reported by LexisNexis® UK.

As with documentary evidence, the procedure for presentation of witness evidence in arbitration is determined by the tribunal taking into account:

  1. any procedures specified in the arbitration agreement (though this would be unusual)

  2. any applicable institutional rules

  3. whether the International Bar Association (IBA) Rules on Taking Evidence in International Arbitration (IBA Rules) have been adopted—see Practice Note: Evidence in international arbitration—the IBA Rules on the Taking of Evidence in International Arbitration

  4. any applicable national laws

It will also be influenced by the nationality of the parties' legal representatives and the tribunal.

It is the tribunal's responsibility to decide all procedural and evidential matters (subject to any agreement between the parties) including whether and to what extent there should be oral or written evidence or submissions (AO, s 47).

Witness statements

It is usual for the parties to present their witness evidence in the form of witness statements by exchange at a time ordered by the tribunal.

Even

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