In the afternoon of November 8, 2024, CEPANI organized an advanced level workshop focused on witness evidence in international arbitration. This event, part of the CEPANI Arbitration Academy’s ongoing efforts to enhance the skills and knowledge of arbitration practitioners, brought together experts and participants from various legal backgrounds to delve into the complexities of witness evidence.
Understanding the Fundamentals of Witness Evidence
Statistics show that in the overwhelming majority of international arbitrations, some kind of witness evidence is produced, be it expert or fact evidence. Although critics have repeatedly voiced the suggestion to abolish the systematic recourse to witness evidence in international arbitration for reasons of costs and efficiency, the fact remains that it continues to be a critical component of the process, and arguably plays a decisive role in the outcome of disputes. Thus, practitioners would do well to be properly versed in the intricacies of this process.
The workshop was aimed at addressing both the practical challenges and the legal nuances associated with witness testimony, including the drafting of procedural provisions related to witness evidence, the preparation, examination, and evaluation of witness statements and, of course, the pinnacle of oral advocacy, cross-examination.
Expert Insights and Practical Training
The class featured a first theoretical part focusing on the why, who, when and how of witness evidence. This was followed by a second part comprising an interactive session.
It was led by two renowned arbitration practitioners and academics, namely the distinguished speakers Prof. Olivier Caprasse (Arbitrator, Caprasse Arbitration) and Ms. Valentine Chessa (Partner, MGC Arbitration, Paris), each bringing a wealth of experience and war stories, diverse perspectives and an element of humor to the table.
The session covered a range of topics, from the psychological aspects of witness testimony to the strategic considerations in presenting and challenging evidence.
At the end, the participants engaged in a hands-on practical exercise, practicing their skills in small groups under the guidance of the experts. The practical exercise was designed to simulate a real-world arbitration scenario, allowing attendees to apply theoretical knowledge in a controlled environment. The grand finale included an excellent cross-examination by Ms. Chessa of Prof. Caprasse based on a mock case.
Key Takeaways
One of the key takeaways from the workshop was the importance of understanding the human element in witness evidence. The reliability of witness testimony can be influenced by various factors, including memory, perception, and the manner in which questions are posed. The workshop emphasized the need for arbitrators and counsel to be mindful of these factors when assessing witness evidence.
Conclusion
CEPANI’s workshop on witness evidence in international arbitration was a resounding success, providing valuable insights and practical training to Arbitration Academy participants. By fostering a deeper understanding of witness evidence and its implications, CEPANI continues to contribute to the advancement of arbitration practice. The event underscored the importance of ongoing education and professional development in maintaining the integrity and effectiveness of international arbitration.
For more information about the CEPANI Academy and its upcoming sessions, visit the website at https://cepani.be/events/cepani-arbitration-academy-level-expert
