Doutrina

Cross-Examination In The Brazilian Arbitration Practice: What Could Be Done Differently To Make It More Effective?
Descrição

Trecho do artigo: "This is the last in a series of three blog entries dedicated to cross-examination within the Brazilian arbitration practice.

In our first blog entry we discussed whether cross-examination is a form of art or a learned skill. We clearly announced our belief: 'well-executed cross-examinations are far more the product of science than of art'. In our second blog entry we assessed the main current practices in cross-examination adopted by arbitrators, with special focus on those from Brazil. Our overall conclusion was that the procedural uncertainty surrounding the rules of cross-examination makes arbitrations less efficient for all participants and especially for the arbitrators. We are now going to suggest what in our view could be done to improve the Brazilian arbitration practice through a more uniform application of rules of cross-examination."

Sumário

The critical role of preparation -- Procedural dependability -- Why leading questions are key to effective cross-examination -- One should never exalt the unexpected over the well-prepared -- The danger of open-ended questions -- Conclusion

  • Cross-Examination In The Brazilian Arbitration Practice: What Could Be Done Differently To Make It More Effective?
  • Cross-Examination In The Brazilian Arbitration Practice: What Could Be Done Differently To Make It More Effective?

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RANZOLIN, Ricardo (org.). Arbipedia. Comentários à Lei Brasileira de Arbitragem. Arbipedia, Porto Alegre, 2024.
Acesso em: 06-10-2024. Disponível em: https://arbipedia.com/conteudo-exclusivo/9464-cross-examination-in-the-brazilian-arbitration-practice-what-could-be-done-differently-to-make-it-more-effective.html?category_id=3530

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