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Part IV Proving Your Case, 10 Witnesses and Experts

From: Evidence in International Investment Arbitration

Frédéric Gilles Sourgens, Kabir Duggal, Ian A. Laird

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 01 October 2023

Witnesses — Expert evidence

This chapter gives the first full-length treatment of the law and principles of evidence applicable to witness and expert testimony. One of the most underdeveloped areas in the literature concerns witnesses and experts. Witnesses and experts are crucial parts of any investor-state arbitration. In fact, most if not all investor-state arbitrations rely upon the testimony of witnesses and experts in order to prove central factual and legal issues in dispute between the parties. Hence, the chapter covers direct as well as cross-examination and aims to provide a better understanding to parties in framing witness statements as well as to counsel and tribunals in managing cross-examination at a hearing.

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