Originally from Take the Witness: Cross Examination in International Arbitration, 2d Ed.

In the climactic scene of many Hollywood legal dramas, the crusading trial lawyer, through vigorous cross-examination, succeeds in destroying the credibility of the star witness for the opposition.  In technical terms, the witness has been “impeached”. The trial lawyer has accomplished this by confronting the witness with a reliable statement or proposition that contradicts the earlier testimony, thereby diminishing the witness’ credibility in the eyes of the jury. 

The successful impeachment of a witness, like successful cross-examination generally, is the subject of many books and articles on trial advocacy techniques.  These techniques are discussed below as they provide a strong foundation for advocacy before international commercial arbitration tribunals.

However, traditional trial advocacy techniques cannot be transplanted into the field of international commercial arbitration without adaptation to the unique procedures and culture that govern this form of dispute resolution. The purpose of trial advocacy is to persuade the decision-maker. Traditional courtroom advocacy may be less persuasive where the decision-makers are professional arbitrators rather than lay juries, where the arbitrators have already read extensive pre-hearing submissions (including documents and witness statements) and where the strict rules of evidence do not apply.