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Vol 24 No 4 April/May 2019

Book of the Month

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Professional Conduct Casebook 3rd ed: Digital Pack

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Take the Witness: Cross Examination in International Arbitration 2nd ed

Edited by: Lawrence W. Newman, Timothy G. Nelson

ISBN13: 9781944825287
Previous Edition ISBN: 9781933833637
Published: March 2019
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £130.00



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Wildy's Book of the Month: April 2019

Take the Witness: Cross-Examination in International Arbitration 2nd ed continues its tradition of being the leading work on the topic, featuring nearly 30 outstanding figures in the field. This volume is the go to reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena.

In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.

Take the Witness is a collection of do’s, don’ts, and real-life examples that thread the fine needle of cross-examination before a panel of international arbitrators — many of whom are unfamiliar with, and perhaps even skeptical of, this common-law tradition. It is said that international arbitrators prefer to rely on documents rather than witnesses, on the presumption that witness testimony is always self-serving and therefore of scant probative value.

Documents, on the other hand, say what they say without the need to waste time asking them. Thus, in a forum where even direct testimony is often submitted by certification rather than by questioning, the problem arises where, when, how and why to cross-examine a live witness?

A remarkable collection of essays about cross-examination in international arbitration, from a host of leading practitioners and arbitrators; the contributions are both thoughtful and practical and should be required reading for anyone involved in international arbitration.
Gary Born Partner and Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale & Dorr LLP, London
It is relatively rare for a book comprised of a collection of essays to for a coherent and useful instructional tool. This book is a welcom exception. This book is a well-brought-together compilation of knowledge and experience from skilled practitioners, and it deserves universal recognition as a significant contribution to the literature on the practice of international arbitration." --
Martin Hunter Professor Emeritus of International Dispute Resolution at Nottingham Trent University

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Foreword by Charles B. Renfrew
Preface to the Second Edition by Lawrence W. Newman and Timothy G. Nelson
Preface to the First Edition by Lawrence W. Newman and Ben H. Sheppard, Jr.
About the Authors
PART ONE - THE BASICS OF CROSS-EXAMINATION IN INTERNATIONAL ARBITRATION
CHAPTER 1
Strategy (and Some Tactics) in Cross-Examination
Lawrence W. Newman
CHAPTER 2
Taking Charge: Proven Tactics for Effective Witness Control
Ben H. Sheppard, Jr.
CHAPTER 3
The Common Law Roots of Cross-Examination: Why They Matter in International Arbitration
(Even When the Rules Do Not Apply)
Timothy G. Nelson
CHAPTER 4
Cross-Examining on Documents
Wendy J. Miles
CHAPTER 5
When to Be Friendly and When to Impeach
David R. Haigh
CHAPTER 6
Confrontation: Techniques for Impeachment
J. William Rowley and Robert Wisner
PART TWO - TIPS FOR THE PRACTITIONER
CHAPTER 7
Cross-Examination without Discovery: Not Blind, but with Blinders
Laurence Shore
CHAPTER 8
Intuition in Cross-Examination
Lawrence W. Newman
CHAPTER 9
Polite Cross-Examination: A Symbolic Step toward Further Uniformity in International Arbitration
Arthur W. Rovine
CHAPTER 10
Identifying and Avoiding Pitfalls and Mistakes in Cross-Examination
Steven A. Hammond
CHAPTER 11
Disastrous Cross-Examination
Rory Millson
CHAPTER 12
Cross-Examination against the Clock
Richard Kreindler and Christopher P. Moore
CHAPTER 13
When to Cross-Examine and When to Stop
Hilary Heilbron and Klaus Reichert
PART THREE - ANTICIPATING CROSS-EXAMINATION IN THE PRESENTATION OF WITNESSES
CHAPTER 14
Preparing the Witness for Cross-Examination
Robert S. Rifkind
CHAPTER 15
The Effective Use of a Powerful Evidentiary Tool: Considerations for Both Counsel and Arbitrators
C. Mark Baker
PART FOUR - SPECIAL CONSIDERATIONS IN THE CROSS-EXAMINATION OF EXPERTS
CHAPTER 16
Crossing the Hot Tub: Examining Adverse Expert Witnesses in International Arbitration
John M. Townsend
CHAPTER 17
Cross-Examining a Technical or Scientific Expert
Kim J. Landsman
CHAPTER 18
Cross-Examining the Legal Expert
George A. Bermann
CHAPTER 19
Ten Guidelines for the Cross-Examination of Financial and Technical Experts
Carolyn B. Lamm, Francis A.Vasquez Jr., and Matthew N. Drossos
PART FIVE - CULTURAL ISSUES
CHAPTER 20
Cross-Examination in International Arbitration: Is It Worthwhile?
Bernardo M. Cremades and David J.A. Cairns
CHAPTER 21
Cross-Examining Witnesses before Civil Law Arbitrators
Robert H. Smit
CHAPTER 22
The English Approach to Cross-Examination in International Arbitration
Sophie Nappert and Christopher Harris
CHAPTER 23
Effective Cross-Examination in Asian Arbitrations
Michael Hwang and Colin Y. C. Ong
CHAPTER 24
Understanding Cultural Challenges in the Cross-Examination of Asian Witnesses
Joel Richardson
CHAPTER 25
Effective Cross-Examination in International Arbitrations Involving Latin America
Henri C. Alvarez
CHAPTER 26
Cross-Examination of Witnesses from Former Soviet Union Countries
Karyl Nairn
CHAPTER 27
The Perils of Cross-Examination in a Language Other than the Language of the Proceeding
James H. Carter
PART SIX - EMERGING ISSUES
CHAPTER 28
Are There Special Considerations for How to Handle Cross-Examination in Investment Arbitration?
Tai-Heng Cheng
CHAPTER 29
Cross-Examination by Videoconference
David Roney