The Lawyers Weekly - December 9, 2011

Testifying in the ‘tub’
Many arbitrators are sensitive to the criticism that
the costs of commercial arbitration, particularly
international commercial arbitration, can exceed
the comparable costs of litigating the same
dispute. As a result, some arbitrators are
keen to consider techniques that can speed
up the process, reduce costs and narrow RANDY
PEPPER

the issues in dispute. In the international
field, “hot-tubbing,” or its less-colourful label
“witness conferencing,” is a technique being
proposed with increasing frequency. It presents
strategic challenges for counsel. See Hot tub Page 10