NEWSLETTER-2019-metin

171 ARBITRATION LAW to instantly challenge the witnesses on each other’s testimonies, and in real time, before the tribunal 5 . Moreover, it serves as a time and cost-effective measure since the duration of the hearings is reduced by examination of several witnesses at once 6 . However, one should bear in mind that witness conferencing is not suitable for every sort of dispute, since it may adversely affect the proceedings due to the tense nature of confrontation 7 . In such a case, the quality of evidence may be severely harmed due to personal, professional or cultural obstacles that witnesses face when they give oral evidence 8 . Accordingly, the circumstances of each case shall be individually reviewed to conclude on the appropriateness of witness conferencing. The CIArb Guidelines The Chartered Institute of Arbitrators has recently published Guidelines for Witness Conferencing in International Arbitrations (the “CIArb Guidelines”) with the aim to provide a procedural framework for practitioners of this widely used method. The CIArb Guidelines contains three main parts, those being (i) the Checklist, (ii) the Stan- dard Directions, and (iii) the Specific Directions, in addition to ex- planatory notes for each part. The Checklist The Checklist offers a non-exhaustive list to assist the tribunal and the parties while they assess whether witness conferencing is suit- able for the particular dispute at hand. It also provides diverging forms of conferencing 9 . 5 CMS Law Singapore , “ CIArb Launches Guidelines for Witness Conferencing in International Arbitration, ” 6 May 2019, for access: https://www.cms- lawnow. com/ealerts/2019/05/ciarb-launches-guidelines-for-witness-conferencing-in-in- ternational-arbitration. 6 The CIArb Guidelines, p. 13-14. 7 Robertson, David / Knight, Emma / Akiki Frederic : “ Witness Conferencing: New CIArb Guidelines, ” Lexology, 8 May 2019, for access: https://www.lexol - ogy.com/library/detail.aspx?g=98cf43b6-c1b9-4336-b061-7f49d65427b6. 8 The CIArb Guidelines, p. 14. 9 The CIArb Guidelines, p. 26.