Originally from Dispute Resolution Journal

Much has been written about the struggle arbitrators and parties face in blending civil and common law traditions in international arbitrations. This article focuses on a highly valuable procedure used in high stakes international arbitration proceedings to present fact and expert testimony to the arbitral tribunal. That procedure—known as written witness statements—takes the best from the common law and civil law systems in order to allow parties from different cultural and legal backgrounds to present evidence fairly to international arbitral tribunals. Among their many benefits, written witness statements prompt advocates to prepare their cases well in advance of the arbitration hearings, making them better prepared overall.

This article explains how written witness statements originated and describes how to use them. It concludes with suggestions for procedures to use written witness statements effectively in international arbitration disputes.