Taking of the Evidence: Hearings, Discovery and Interim Measures

Participants learn – both from a counsel's and an arbitrator’s perspective – how evidence is taken in international arbitration. In this connection, they have to deal with core issues of arbitration proceedings and, in particular, with the question whether and to what extent discovery is admissible.

Participants learn how to prepare and conduct a witness hearing. Experts interactively teach the participants how to prepare a witness or an expert and how to conduct a cross examination. Participants are taught how to organize large quantities of documentary evidence and how to prepare and deal with requests for production of documents. Written witness statements which play an important role in international arbitration are also covered. Participants become familiar with interim measures (when does an arbitral tribunal have jurisdiction and when is the assistance of state courts needed?). Finally, the issue of security for costs is addressed.