7 Article 4: Witnesses of Fact

Subject(s):

Good faith — Witnesses — Arbitral rules

This chapter considers Article 4 of the IBA Rules, which (supplemented by Article 8 in relation to oral testimony at the evidentiary hearing) provides a comprehensive framework for use and management of witness evidence. The use of witness evidence may require direction and management by the tribunal in a number of areas. These include decisions about the identity and number of witnesses; the scope and content of the statements; a timetable for delivery of evidence; requests for oral examination and directions for attendance; and the management of questions put during oral evidence. The IBA Rules provide a useful set of provisions that can be adopted or can guide the parties’ discussions as they search for common ground on the procedure to be followed, both on matters of detail and questions of principle. Other provisions relevant to the use of witness evidence include the duty to consult set out in Article 2 and the obligation of good faith contained in Preamble 3.