Publications
Onus to cross-examine witnesses in arbitration proceedings?
Obliegenheit zum Kreuzverhör in Schiedsverfahren?,
Commentary by Simon Gabriel on Swiss Federal Tribunal decision 4A_636/2014 on March 16, 2015
The Swiss Federal Tribunal had to deal with questions of cross-examinations and a missed time limit in international arbitration proceedings. The present short commentary analyzes the questions of whether a witness of the opposing party must be cross-examined in order to avoid “unchallenged witness evidence” by such witness and why agreed time limits are problematic in international arbitration proceedings.
(Slightly amended English translation of German summary)