ABSTRACT: One feature of most international arbitrations today, rooted largely in the common law, is cross-examination. The tactics used in a cross-examination in a particular domestic proceeding do not always work well in an international arbitral proceeding. Further, advocates with a background and training in a domestic legal system that does not utilize cross-examination may find themselves at a distinct disadvantage in an international arbitration.
This article seeks to lay out a detailed approach to preparing and executing a cross-examination in an international arbitration. It is designed for advocates who do not have significant experience in cross-examination in international arbitration, or otherwise, especially advocates with a background and training in legal systems that do not have a tradition of cross-examination.Revista Brasileira de Arbitragem