In recent years, the International Chamber of Commerce (the ICC) has turned its attention to the preparation and testing of fact witness evidence in international arbitration and.
In recent years, the International Chamber of Commerce has turned its attention to the preparation and testing of fact witness evidence in international arbitration and enlisted the help of a task force to investigate whether fact witness evidence is fit for purpose.
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The International Chamber of Commerce has recently published its report entitled ‘The Accuracy of Fact Witness Memory in International Arbitration (Report). The mandate of the committee behind the Report, inspired by observations of Toby Landau QC,
1 was “to look at the science (with input from eminent psychologists specialising in human memory), at arbitral practice (with input from Task Force members specialising in international arbitration around the globe) and to consider whether modifications could be made to current practices, or alternative approaches could be adopted …”.