Hearing

• Main Authors: CHAN, Darius, GOH, Gerome
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2022
• Subjects: Hearings; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/3926; https://ink.library.smu.edu.sg/context/sol_research/article/5884/viewcontent/HEARING.pdf
• Institution: Singapore Management University

In certain international commercial arbitrations, for instance, in expedited proceedings under the auspices of various institutional rules, the tribunal may decide the dispute based on documentary evidence only. However, in most cases, hearings are generally conducted for the tribunal to hear examination of any factual or expert witness and/or for oral argument. It is not uncommon for there to be multiple hearings in a single arbitration, with each hearing focusing on specific procedural or substantive issues. The hearing is therefore a forum for the parties to adduce evidence and/or put forward their legal views in direct confrontation with each other. Its primary purpose is to bring to the tribunal’s attention the arguments for and against the positions of both parties. This chapter will primarily focus on the main evidentiary hearing(s) in an arbitration, but the underlying principles are applicable even for hearings on issues that might not involve the examination of any witnesses