Arbitration Evidence and Discovery in Arbitration 2

Question 1

What is the purpose of a 'tribunal-appointed expert' in arbitration proceedings?

Accepted Answer

To provide an independent technical opinion to assist the tribunal

Answer

A tribunal-appointed expert provides an independent opinion on technical or specialized matters to help the arbitrator make an informed decision.

Question 2

Which type of witness statement is typically exchanged before a hearing in international commercial arbitration?

Accepted Answer

Written witness statements submitted in advance

Answer

International arbitration typically requires parties to exchange written witness statements before the hearing, which then serve as direct testimony.

Question 3

Under AAA Commercial Rules, how are requests for document production typically handled?

Accepted Answer

Through a procedural order after arbitrator review of objections

Answer

Under AAA rules, document requests and objections are reviewed by the arbitrator, who issues procedural orders governing production.

Question 4

What does 'hot-tubbing' (concurrent expert evidence) involve in arbitration?

Accepted Answer

Witnesses testifying simultaneously and being cross-examined together

Answer

Hot-tubbing involves expert witnesses from both sides testifying at the same time, enabling direct comparison and cross-examination of competing opinions.

Question 5

What is the significance of 'electronically stored information' (ESI) in modern arbitration?

Accepted Answer

ESI has become a major component of document discovery, requiring protocols for collection and production

Answer

ESI including emails, databases, and electronic files is now central to arbitral discovery, requiring specific protocols for preservation, collection, and production.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration Evidence and Discovery in Arbitration 2