20th Annual International Arbitration Day Conference
30 Mar - 31 Mar 2017
Marriott Hotel
Session information
Burden of proof and fact and expert witnesses: are they really helpful?
Friday 31 March (1430 - 1600)
Marriott Hotel
Committee(s)
Arbitration Committee
(Lead)
European Regional Forum
(Lead)
Description
How much weight should arbitral tribunals give to fact and expert witnesses’ evidence? This session analyses whether or not a party’s burden of proof can be effectively discharged through the use of such witnesses. • Do arbitral tribunals trust witnesses more than State courts? If so, why? • Do arbitral tribunals trust witnesses they have not heard at the hearing? • Can arbitral tribunals decide on the merits without expert reports? • Should we review the form in which witness evidence is presented?
Session / Workshop Chair(s)
| Michelangelo Cicogna | De Berti Jacchia, Milan, Italy |
Speakers
| Marco Lorefice | Edison, Milan, Italy |
| Noiana Marigo | Freshfields, New York, New York, USA |
| Wendy Miles KC | Twenty Essex, London, England; Vice Chair, Arbitration Committee |
| Professor Christophe Seraglini | Freshfields, Paris, France |
| Alvin Yeo |