Cross-examination in arbitration law and practice

With the rapid globalisation of the world, various legal instruments are used to resolve international disputes. The oldest and most prioritised of these are the courts where state proceedings are held. Since there are some problems in court proceedings, the parties have sought alternative judicial remedies. Arbitration is one of the most preferred alternative dispute resolution methods. Since arbitration is based on the principle of autonomy of will, it is more advantageous than the state judiciary with its unique structure. Arbitration is a dispute resolution method in which the parties can freely choose the applicable procedural and substantive law. Evidence is one of the matters that the parties may freely dispose of. Evidence is all the matters related to the proof of the concrete event. These issues include the collection, presentation and types of evidence. Although there are regulations in national and international legislation, most of them do not regulate the evidence in detail. In order to fill the procedural gaps in the proceedings, some regulations have been made so as not to restrict the principle of autonomy of will, but no detailed regulation has been included. In order to solve this problem and to provide convenience for parties in different legal systems, the International Bar Association has tried to establish uniform rules with the IBA Rules on the Taking of Evidence in International Arbitration and the Prague Rules in the Continental European Legal System. In this study, the regulations on witness evidence in arbitration proceedings will be analysed and the basic principles regarding the preparation of witness statements before the hearing, the questioning of witnesses at the hearing, and the advantages and disadvantages of using witness evidence will be explained. Finally, the study will be concluded with suggestions for solutions to the gaps in practice and legislation.