Fact Witness Testimony: Essential or Useless?

Presentation

Arbitration disputes are routinely fact-intensive affairs, with outcomes more frequently turning on the facts of a case, rather than on issues of law. But do fact witnesses actually help to resolve disputes?

We know that human memories are fallible, but even in the best of circumstances, does fact witness testimony assist a tribunal? Is it outcome determinative? In what ways can a counsel’s assistance with witness statements or style of cross-examination affect the utility of witness testimony? Is a party’s position harmed by putting forth no witnesses at all? Should tribunals be required to question witnesses even if not called by opposing counsel? Are there “best practices” for fact witness testimony?

Join us as we explore these and other questions from the perspectives of arbitrators, counsel, and even witnesses themselves.

Panelists:
• James Castello (King & Spalding)
• Nathalie Meyer Fabre (Meyer Fabre Avocats)
• Laurent Jaeger (Jaeger Arbitration)
• Iryna Telychko (Etihad Rail)

Moderator: Agnès Bizard (King & Spalding)