ABSTRACT

This chapter considers what a tribunal does when it hears a case substantively. It describes how the substantive hearing of an international commercial arbitration might normally proceed. The chapter discusses the problem of maintaining a level playing field during the substantive hearing, so that the proceedings do not unfairly favour one party over the other. It also examines cross-examination in particular and how time-wasting on pointless cross-examination can be avoided. The hearing proper will usually start with oral opening submissions from the parties. Where written opening submissions have been provided to the tribunal in advance of the hearing, time can be saved by dispensing with oral opening submissions altogether. The substantive hearing of a dispute roughly falls into three stages. There are firstly opening submissions by the parties' representatives. The opening submissions are followed by examination-in-chief, cross-examination and re-examination of factual and expert witnesses. Finally, the parties' representatives make closing submissions.