Witness Statements in International Arbitration Proceedings – How Are They Used and What Is Their Worth?

Hannes Snellman’s dispute resolution experts Ella Mäkijärvi, Aleksiina Markkula, Matias Temonen, and Kristiina Saukko have written an article titled “Witness Statements in International Arbitration Proceedings – How Are They Used and What Is Their Worth?”, published in Helsinki Law Review 2/2024.

In international arbitration, it is widespread practice for parties to present evidence in the form of witness statements filed together with the submissions to support the pleadings. While witness statements bring efficiency into the proceedings, they also come with a multitude of tricky questions concerning, for example, their weight and admissibility.

In the article, the authors discuss the use of witness statements in general, including the relevant sources of law, their benefits, contents, and preparation, but also witness examination at the hearing and the assessment of the credibility of the witness testimony at the hearing after a witness has provided a witness statement. In addition, the authors discuss ethical considerations relevant for the counsel assisting in the preparation of witness statements. The article also provides recommendations on how to support efficient use of witness statements and to enhance their value.

The article is available here.