Part VII Witnesses and Perjury, 20 Oaths and Perjury
From: Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators
Edited By: Julio César Betancourt
- Jurisdiction — Witnesses — Arbitrators — Expert evidence — Production of documents
This chapter discusses the law and practice of oaths and affirmations in international arbitration, particularly in England and Wales. These include the Oaths Act 1978, which provides details of the wording to be spoken while swearing an oath or making an affirmation; the Perjury Act 1911, which prescribes sanctions for not telling the truth; section 38(5) of the English Arbitration Act 1996, which provides that the arbitral tribunal has the power to direct that a party or witness shall be examined on oath or affirmation, and may for that purpose administer any necessary oath or take any necessary affirmation; the 1998 LCIA Rules on the testimony of a witness; and Article 54(d) of the 2014 WIPO Arbitration Rules, which provide that the testimony of witnesses may, either at the choice of a party or as directed by the tribunal, be submitted in written form, whether by way of ‘signed statements, sworn affidavits or otherwise’.