Publication Type
Book Chapter
Version
publishedVersion
Publication Date
4-2022
Abstract
In certain international commercial arbitrations, for instance, in expedited proceedings under the auspices of various institutional rules, the tribunal may decide the dispute based on documentary evidence only. However, in most cases, hearings are generally conducted for the tribunal to hear examination of any factual or expert witness and/or for oral argument. It is not uncommon for there to be multiple hearings in a single arbitration, with each hearing focusing on specific procedural or substantive issues. The hearing is therefore a forum for the parties to adduce evidence and/or put forward their legal views in direct confrontation with each other. Its primary purpose is to bring to the tribunal’s attention the arguments for and against the positions of both parties. This chapter will primarily focus on the main evidentiary hearing(s) in an arbitration, but the underlying principles are applicable even for hearings on issues that might not involve the examination of any witnesses
Keywords
Hearings
Discipline
Dispute Resolution and Arbitration
Research Areas
Dispute Resolution
Publication
Handbook of Evidence in International Commercial Arbitration: Key Issues and Concepts
Editor
FERRARI, Franco; ROSENFELD, Friedrich
First Page
247
Last Page
284
ISBN
9789403543239
Identifier
https://law-store.wolterskluwer.com/s/product/handbook-of-evidence-in-international-commercial-arbitration/01t4R00000Ok3H1
Publisher
Wolters Kluwer
Citation
CHAN, Darius and GOH, Gerome.
Hearing. (2022). Handbook of Evidence in International Commercial Arbitration: Key Issues and Concepts. 247-284.
Available at: https://ink.library.smu.edu.sg/sol_research/3926
Copyright Owner and License
Wolters Kluwer
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.