april 17-21 grand hyatt new york spring meeting - Arbitration Law

thursdaY, aPril 19
sponsoring committees:
International Securities and Capital Markets
Committee and International Financial
Products & Services Committee
Program chairs & moderators:
Meyer Eisenberg, Columbia Law School,
New York, New York and Willamette
University, College of Law, Salem, Oregon
Dorothee Fischer-Appelt, Sidley Austin,
London, United Kingdom
speakers:
Elisse Walter, Commissioner, Securities
and Exchange Commission (SEC),
Washington, DC
Thomas C. Baxter, Jr., Executive Vice
President and General Counsel, Federal
Reserve Bank of New York, New York
(Invited)
Harvey Goldschmid, Columbia
University, New York, New York
Nora Jordan, Davis, Polk & Wardwell,
New York, New York
Giovanni Prezioso, Cleary, Gottlieb, Steen
& Hamilton, Washington, DC
9:00 am – 10:30 am
cross-examination across legal cultures
DISPUTE RESoLUTIon / LITIGATIon;
CoRPoRATE / TRAnSACTIonAL
With thanks to our track sponsors
Cross-examination has been called “the
‘greatest legal engine ever invented for the
discovery of truth.’” California v. Green,
399 U.S. 149, 158 (1970) (quoting 5
Wigmore, Evidence § 1367). On the other
hand, cross-examination in the forms
practiced in common law legal cultures
is not a traditional feature of the civil
law adjudication system. International
arbitration melds practices from both civil
and common law traditions and, generally
speaking, cross-examination is now
recognized as a standard and accepted part
of international arbitral proceedings. Given
that it takes place in a hybrid system,
cross-examination in an international
arbitration requires specialized knowledge
and sensitivity to differing legal traditions.
In this program, international advocates,
arbitrators and experts will discuss crossexamining
witnesses across legal cultures
in international arbitration. The discussion
will center on the fundamentals of crossexamination,
cross-examination before an
international tribunal, perspectives from
the civil law and common law traditions,
cross-examination of experts, including
the “hot tub” approach, cross-examination
on a chess clock system, arbitrators’ views
of the effectiveness of cross-examination,
witness preparation for cross-examination
and persuasive cross-examination
techniques. The program will benefit
both novices and seasoned international
arbitration advocates who seek to become
more effective cross-examiners.
sponsoring committee:
International Arbitration Committee
Program chair & moderator:
Jose Astigarraga, Astigarraga Davis,
Miami, Florida
moderator:
Laurie Foster, Morgan Lewis & Bockius,
New York, New York
speakers:
Dominque Brown-Berset, Brown & Page,
Geneva, Switzerland
Mark Beckett, Latham & Watkins, New
York, New York
Judith Gill, Allen & Overy, London,
United Kingdom
Merryck Lowe, BDO, London,
United Kingdom
Ben H. Sheppard, University of Houston,
Houston, Texas
46 2012 Spring Meeting ABA Section of International Law