When to Cross Examine and When to Stop - Chapter 9 -Take the Witness: Cross Examination in International Arbitration
HILARY HEILBRON is a barrister and Queen’s Counsel practicing from Brick Court Chambers, London. She has extensive experience as counsel both in international arbitration and commercial litigation, including appearing as counsel in LCIA and ICC arbitrations and in the House of Lords and Privy Council and is currently involved in a leading New York Convention case before the Supreme Court.
KLAUS REICHERT is a barrister in practice principally in the field of international arbitration from Brick Court Chambers in London and commercial litigation at the Bar of Ireland. He has served as an arbitrator in excess of thirty international cases right across the spectrum of commercial and investment matters. His counsel practice encompasses a similarly wide range of cases including ICSID, ICC, ICDR matters.
Originally from Take the Witness: Cross Examination In International Arbitration
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One of the most powerful and dramatic interventions in the arsenal of any trial advocate is the devastating statement “no questions” in relation to the other side’s witness or expert. If deployed at the right moment it can inflict more damage upon the opponent's case than many hours of advocacy. It can convey to the court that the evidence of the witness or expert is either of no forensic value to the party which called him/her, or even more startling, that such evidence is of assistance to the opponent. The “Perry Mason” moment can leave the opposing counsel perplexed and worried. However, if deployed at the wrong moment, it can be an unmitigated disaster leaving testimony unchallenged and potentially closing out any complaints about that evidence for all time to come. In other words to adopt the lines of the Kenny Rogers song: You got to know when to hold ’em, know when to fold ’em. Know when to walk away, and know when to run.