Preparing witness evidence for arbitration
Produced in partnership with Simmons & Simmons

The following Arbitration practice note produced in partnership with Simmons & Simmons provides comprehensive and up to date legal information covering:

  • Preparing witness evidence for arbitration
  • Witness statements in arbitration
  • Preparing the witness in arbitration

Preparing witness evidence for arbitration

This Practice Note provides guidance on how to prepare witness evidence for arbitration proceedings.

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 arbitration rules

  3. whether the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules) have been adopted

  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 (AA 1996, s 34).

Witness statements in arbitration

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 where the tribunal have not adopted the IBA Rules, it is usual for statements to comply with art 4 of those rules and:

  1. identify the witness, indicate their relationship with the party, describe their background and qualification (if relevant to the dispute)

  2. describe the facts

  3. include a statement of truth, and

  4. include a signature with a date and place

Witness statements should be in numbered paragraphs and,

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