Published in November last year, the ICC Commission Report The Accuracy of Fact: Witness Memory in International Arbitration is fascinating and provides real food for thought for arbitral practitioners who are about to engage in the process of taking witness statements. At its heart is the increasing scientific evidence, originally derived from criminal trials, that human memory is relatively fragile and can be “unwittingly corrupted”. In this Blog, Claire King reviews the report’s key findings and recommendations.
Our collective thoughts
Posted May 11, 2021 | Published in General
Posted February 26, 2021 | Published in General
Fenwick Elliott Senior Associate, Natalie Beeraje discusses the recent Supreme Court decision in Okpabi v Royal Dutch Shell. This is the latest in a line of important authorities considering parent company liability for claims brought against overseas subsidiaries.
Posted December 4, 2020 | Published in General
The focus of Natalie Beeraje’s latest blog is the highly anticipated UK Supreme Court judgment in the case of Halliburton Company (Appellant) v Chubb Bermuda Insurance.
Posted October 16, 2020 | Published in Contracts & documentation
Laura Bowler provides an update to her article ‘The impact of CIGA 2020 on Insolvency on UK Construction Contracts’, in light of extensions to some of the provisions in the Corporate Insolvency and Governance 2020.
Posted September 23, 2020 | Published in Contracts & documentation
Construction contracts and cash are the focus of Lucinda Robinson’s latest blog, in which she also reviews the recent decision in Rochford v Kilhan.
Posted August 13, 2020 | Published in General
The International Council for Commercial Arbitration recently published its report on “Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings”. This provides a fascinating insight into the improvements to gender diversity in arbitral appointments that have been achieved in recent years and what has driven them. Claire King reviews the ICCA’s report and asks what lessons could be learned by Adjudicator Nominating Bodies in order to improve the gender diversity of their panels which, in stark contrast, remain stubbornly non-diverse.
Posted July 14, 2020 | Published in General
Cases turn on the evidence, so the credibility of expert and factual witnesses is crucial. Lucinda Robinson investigates the latest cases in the TCC that have put witnesses under the spotlight… and found them wanting.
Jeremy Glover
Ted Lowery
Nicholas Gould
Jon Miller
Andrew Davies
Claire King
Lucinda Robinson
Martin Ewen
Sana Mahmud
Adele Parsons
George Boddy
Mark Pantry
Ben Smith
Laura Bowler
Katherine Butler
Andrew Jeffcoat
Ruth Leake
Matthew Simson
Paul Smylie