Elena Gorshkova

Witness Evidence in International Commercial Arbitration: Managing Techniques and Limitations Elena Gorshkova

The book analyzes the witness evidence presentation and evidentiary privileges in international commercial arbitration. The research embraces such aspects of witness evidence as examination, cross-examination, 'witness conferencing', evaluation of witness statements and witness privileges in comparison to those in litigation. Author stresses the vital necessity to achieve the balance between the need to obtain evidence for the efficient fact-finding and dispute resolution and the sensitive business information non-disclosure privilege. The author's conclusion is that business privilege doctrine should be widely accepted and extended for the application to witnesses in international commercial arbitration to protect the lawful business achievements and promote the development of business activities in general. The importance of topic is confirmed by modern business practice. The book presents modern and practical view of the problem. The research work should be interesting and useful to counsels practicing in national and international arbitration, arbitrators, attorneys, professors of law and law students.