How does cross-examination work across legal cultures? Cross-examination has been called "the 'greatest legal engine ever invented for the discovery of truth.'" California v. Green, 399 U.S. 149, 158 (1970) (quoting 5 Wigmore, Evidence § 1367). On the other hand, cross-examination in the forms practiced in common law legal cultures is not a traditional feature of the civil law adjudication system. International arbitration melds practices from both civil and common law traditions and, generally speaking, cross-examination is now recognized as a standard and accepted part of international arbitral proceedings. Given that it takes place in a hybrid system, cross-examination in an international arbitration requires specialized knowledge and sensitivity to differing legal traditions. In this program, international advocates, arbitrators and experts will discuss cross-examining witnesses across legal cultures in international arbitration. The discussion will center on the fundamentals of cross-examination, cross-examination before an international tribunal, perspectives from the civil law and common law traditions, cross-examination of experts, including the "hot tub" approach, cross-examination on a chess clock system, arbitrators' views of the effectiveness of cross-examination, witness preparation for cross-examination and persuasive cross-examination techniques. The program will benefit both novices and seasoned international arbitration advocates who seek to become more effective cross-examiners."
She has acted as counsel, co-counsel and arbitrator in over 140 international arbitration cases around the world, including in cases involving states and international organisations both at private and governmental levels, and in particular also in cases relating, among other things, to transfer of technology, construction of turnkey factories and other major projects, procurement contracts, licence agreements, agency, joint venture and shareholders' agreements, distribution, sale and purchase contracts, telecommunications, and post-M&A disputes. Her industry experience includes telecommunications, satellites, aviation, avionics, computers (software and hardware), glass and paper production, steel, chemicals and petrochemicals, LNG projects, oil and gas (and other energy sectors), mining, food, catering, utilities operation and maintenance services, pharmaceuticals and biotechnology, shipping and shipbuilding, luxury goods, textiles and arts.
Judith Gill QC leads Allen & Overy's international arbitration group. She has extensive experience in both institutional and ad hoc arbitration including proceedings under ICSID, LCIA, ICC, and AAA Rules. She is also regularly sits as an arbitrator, both sole and as a member of a panel of three.
Judith's practice covers a broad range of subjects including energy, insurance, joint ventures, distributorships, healthcare, banking and investment treaty arbitration.
She is a Director of the LCIA, a former member of the LCIA Court, a member of the ICC UK Arbitration Group, a Director of the Singapore International Arbitration Centre, a Director of American Arbitration Association and a Fellow of the Chartered Institute of Arbitrators.
Mr. Benjamin Hughes is a senior foreign attorney and co-chair of the firm's International Dispute Resolution Practice Group.
Mr. Hughes has extensive experience as counsel in international arbitrations in Asia, Europe and the United States. He has been appointed sole arbitrator, chair, and co-arbitrator in arbitrations under the rules of the ICC, SIAC, HKIAC and KCAB. He also occasionally sits as a mediator. Mr. Hughes is recognized as a leading individual in international arbitration in the Asia-Pacific region by Chambers & Partners (2011 & 2012), and is endorsed in international arbitration by PLC (2011 & 2102).
Mr. Hughes is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and is listed as an arbitrator with the Korean Commercial Arbitration Board (KCAB), the China International Economic and Trade Arbitration Commission (CIETAC), the Hong Kong International Arbitration Centre (HKIAC), the World Intellectual Property Organization (WIPO) and other leading arbitral institutions. He is chair of the KCAB's International Advisory Committee, founding co-chair of the Korea Chapter of the Charted Institute of Arbitrators, and a special advisor to the President of the Korea Bar Association. Mr. Hughes is adjunct professor of law at Korea University School of Law, and has written numerous articles on dispute resolution in Korea.
Merryck Lowe is a Partner at BDO LLP.
Ben H. Sheppard
Ben H. Sheppard, Jr., is a Distinguished Lecturer at the University of Houston Law Center and the director of the school's A.A. White Dispute Resolution Center within the Blakely Advocacy Institute.
Sheppard is a retired partner of Vinson & Elkins L.L.P. in Houston, where he practiced from 1969-2005 and was co-chair of the firmÂ¿s worldwide international dispute resolution practice. While at Vinson & Elkins, he served as arbitrator and counsel in domestic and international arbitrations. He now practices as a commercial arbitrator.
Sheppard currently serves on the American Arbitration Association Panel of Neutrals, the International Centre for Dispute Resolution International Panel of Arbitrators, and on the CPR InstituteÂ¿s Roster of Neutrals, including the CPR Energy and International Panels. He is a member of the Chartered Institute of Arbitrators and the London Court of International Arbitration. He is the former Editor-in-Chief of The International Arbitration News and was the author of the Report and Recommendation to the House of Delegates of the American Bar Association in Support of the 2004 Revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes, which revolutionized the standard of conduct for arbitrators in the United States.
Sheppard has taught the Intensive Course on International Commercial Arbitration at Straus Institute for Dispute Resolution, Pepperdine University School of Law.
Laurence Shore is a dual-qualified U.S. and U.K. partner in the New York office of Gibson, Dunn & Crutcher. He is co-chair of the firm's International Arbitration Practice Group.
Mr. Shore's practice focuses on international arbitration. He has been the lead advocate in a large number of arbitration cases under, for example, the ICC, LCIA, AAA, UNCITRAL and SWISS Rules. He also has sat as an arbitrator in cases under the ICC, ICDR, Cairo Regional Centre and LCIA Rules. In addition to his work as an arbitration practitioner, Mr. Shore has tried cases in the United States courts and in England's High Court.
Mr. Shore has been ranked in Chambers Global, Chambers Europe and Chambers USA as a leading individual for Dispute Resolution: International Arbitration.
Mr. Shore is a co-author (with C. McLachlan and M. Weiniger) of International Investment Arbitration: Substantive Principles (Oxford University Press, 2007). He also serves on the Editorial Board of International Arbitration Law Review, and holds the appointment of Visiting Professor in the School of International Arbitration, Queen Mary, University of London. He is a co-editor of World Arbitration Reporter (Juris Publ. 2010).
Mr. Shore is a member of the New York, District of Columbia and Virginia Bars, and is a solicitor of the Supreme Court of England & Wales, where he has rights of audience as a solicitor-advocate (Higher Courts, Civil).
Prior to joining Gibson Dunn, Mr. Shore was the global head of international arbitration at a major law firm in London. Mr. Shore earned his Juris Doctor degree in 1989 from Emory University School of Law, where he was Editor-in-Chief of the Emory Law Journal (1988-1989). He previously earned Master of Arts and Doctor of Philosophy degrees in History from The Johns Hopkins University. Mr. Shore received his Bachelor of Arts degree from the University of North Carolina-Chapel Hill.
Judith Gill discusses whether Irving Younger’s “10 Commandments of Cross Examination” apply in international law contexts. She argues that while Younger’s rules often serve as a good guideline, “cross examination is an art, it’s not a science.”