الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم ، Fact and expert witnesses

Fact and expert witnesses

How common is mock
cross‑examination of
witnesses and is it
considered appropriate?

Several interviewees said that conducting
mock cross-examination helps witnesses to
get comfortable with the process of cross-
examination, and to gain confidence and
control over it. As a result, this may minimise
the risk of surprise and confusion and thus
prevent inaccurate or incomplete answers.
On the other hand, those interviewees who
found mock cross-examination inappropriate
and unethical stated that witnesses should
only be provided with an explanation of the
examination process and general advice
for testifying. It was also pointed out that
arbitrators dislike coached responses and
can easily detect them. As one interviewed
practitioner put it: ‘An overly prepared
witness is the worst witness one can have’.

الهيئة الدولية للتحكيم