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The Conduct Of Substantive Hearings In International Arbitrations: What Approach Should An Arbitrator Adopt?

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Chapter Summary

This chapter highlights some of the issues that arise in the particular context of substantive arbitration hearings when arbitrators and counsel are from different cultural and legal backgrounds. It looks at techniques that have their origins in different cultural systems and have been adapted for widespread use in international arbitration. The chapter makes some general observations about approaches to the management of arbitral hearings and will then address briefly each of the main procedural and management issues upon which an arbitral tribunal will need to make decisions in the course of conducting a typical arbitration hearing. There are a number of ways to go about a hearing, and some of the different approaches taken to a few of the most important procedural issues, such as opening and closing submissions, and documentary and witness evidence.

Keywords:arbitral hearings; documentary; international arbitration; substantive arbitration hearings; witness evidence



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