The permissible scope of witness testimony in arbitral hearings—five proposed rules. (3rd December 2020)

• Record Type: Journal Article
• Authors: Risse, Jörg; Baumann, Antje
• Is Part Of: Arbitration international. Volume 37:Number 1(2021)
• Page Start: 21
• Page End: 33
• Publication Date: 2020-12-03
• Subjects: Arbitration and award, International -- Periodicals; 341.522
• DOI: 10.1093/arbint/aiaa040
• Languages: English
• ISSNs: 0957-0411

Abstract

Abstract: At least one surprise occurs in every arbitral hearing. One of those surprises is when a witness testifies beyond what has been submitted in his written witness statement. Often, such 'out-of-scope' testimony is unexpected, astonishing, and crucial for the outcome of the case. Surprisingly, the adequate handling of such unexpected testimony is unchartered territory: neither arbitral statutes, institutional rules nor the ever-expanding arbitral soft law addresses this important issue. This article reviews if and when arbitral tribunal should permit or reject such 'out-of-scope' testimony. The article establishes five clear-cut rules to deal with that issue.