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interrogation of the witness during oral hearing of business

One of the major questions rising in connection with potential necessity to interrogate the witness, the question on carrying out of oral hearing as that is. As is known, the right to carrying out of oral hearing not certainly also depends, on the one hand, on the arrangement of the parties [397], and with another - from expediency of carrying out of session [398].

In the presence of such arrangement even the available expediency in interrogation of the witness (if the corresponding petition arrives from the litigant) cannot entail appointment of session for its interrogation.

According to item 8.1 Corrected to MAY within the arbitration of term established by structure each party informs structure of arbitration and the party on the witnesses which presence it enquires. Each witness taking into account positions of item 8.2 of Rules should be present at hearing under proofs for evidence if presence of this person is enquired by any of the parties or arbitration structure. Each witness is present personally, except for cases when arbitration structure supposes use of a videoconference or similar technology concerning the concrete witness.

In connection with the specified formulation interpreting the general standard of disclosing of proofs concerning terms, there is a question on, whether is admissible to appoint repeated hearings under proofs if during trial outside of the term established by arbitrators the party suddenly needed to carry out interrogation of the witness. Party refusal to present a nominee of witnesses in the reasonable term established by arbitrators Is represented, that, should be regarded as disclaimer on representation of the corresponding proof. Such refusal attracts impossibility further to petition for interrogation of new persons, except for situations when the party during business hearing knew about additional circumstances on which other party bases the requirements.

According to separate authors to petition for interrogation of the witness the party to which the right to cross-examination is given, instead of the party which given a written testimony and has provided an appearance of the witness should. Written indications here act in an offer role to declare the petition for interrogation of the witness. In a case if the remedial opponent does not use the right and does not arrive the corresponding request of the person who have provided an appearance of the witness, and also for lack of the independent initiative of structure of arbitration, the witness can to be interrogated, having limited to its familiarising of the written

”399

Explanatories.

Certain interest represents position of item 3 of item 1039 of the Civil code of practice of the Netherlands according to which the arbitration structure has the right to appoint the arbitrator, authorised to hear a testimony. We believe, that such delegation of powers does not answer the principle of directness in research of proofs. As is known, according to the majority of operating regulations arbitrators of the structures consisting of several arbitration judges, have the right to take out independent decisions in the form of separate opinions [399 [400]. prezjumiruetsja their possibility to state an estimation to proofs proceeding from the internal belief. Zaslushivanie a testimony to one of arbitrators with the subsequent relaying of the received data of other part of structure can lead a certain sort to the distortions caused by subjective vision by the separate arbitrator of a disputable situation.

2.3.9.

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A source: Grebelsky Alexander Vladimirovich. of the PROOF In the INTERNATIONAL COMMERCIAL ARBITRATION. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow,. 2017

More on topic interrogation of the witness during oral hearing of business:

  1. interrogation of the witness before carrying out of oral hearing (deposition)
  2. interrogation of witnesses-experts in oral hearing
  3. independent orders of arbitration on interrogation of the witness
  4. contacts of the party to the witness till the moment of carrying out of oral hearings
  5. the Appendix № 14 LIST of the BASIC QUESTIONS, SET to the WITNESS ON the BUSINESS CONNECTED C by ACCIDENT OR FAILURE In BUILDING
  6. Influence Na^SsG-inozina on a microbiocenosis condition in a mucosa of an oral cavity of white not purebred rats with himioluchevym oral mukozitom
  7. Influence Na^SsG-inozina on intensity of inflammatory processes in a mucosa of an oral cavity of white not purebred rats with himioluchevym oral mukozitom
  8. Influence Na^SsG-inozina on processes perekisnogo oxidations of lipids in a mucosa of an oral cavity of white not purebred rats with himioluchevym oral mukozitom
  9. the Appendix 3. The questionnaire for interrogation of employees of law enforcement bodies. Results of interrogation
  10. the Appendix 2. The questionnaire for interrogation of medical workers. Results of interrogation
  11. the Appendix 1. The questionnaire for interrogation of citizens. Results of interrogation
  12. Results of expert interrogation the Period of carrying out of interrogation April-July, 2012.
  13. §1. Features of carrying out of preliminary hearing in court with participation of jurymen
  14. sequence and duration of interrogation
  15. witness immunity
  16. 3.2. False witness