ARBITRATION WITNESSES: EXPERT TESTIMONY, TESTIFYING CONSULTING, ETC.

Arbitration witnesses and experts are individuals who provide testimony or evidence in a related proceeding—an alternative dispute resolution process used to settle legal conflicts outside of traditional courtrooms. As opposed to court trials, arbitration witnesses note that the process is typically private, more flexible, and overseen by a neutral arbitrator or a panel of arbitrators rather than a judge.

SMEs take on a job similar to courtroom providers but in a less formal setting. Top arbitration witnesses help clarify facts, explain technical matters, or present firsthand accounts relevant to the dispute. There are two main types of arbitration witnesses: fact witnesses and expert witnesses.

Fact witnesses are individuals with direct knowledge of the events or circumstances surrounding the dispute. This might include employees, customers, vendors, or other parties who observed or participated in relevant transactions, conversations, or decisions. Their job is to provide an accurate narrative of what occurred, based on personal experience.

Expert arbitration witnesses, on the other hand, are specialists with extensive knowledge in a particular field, such as finance, technology, construction, intellectual property, or employment law. SMEs do not usually have firsthand involvement in the events of the case but are called upon to analyze complex information and offer professional opinions. Their expertise helps the arbitrators understand technical issues, assess damages, or interpret industry norms and standards.

Arbitration witnesses may provide written statements known as witness statements or affidavits. These are generally submitted before any oral hearings. If needed, the SME may also appear in person or virtually to be examined and cross-examined, depending on the rules of the arbitration forum being used (such as the AAA, ICC, or JAMS).

The credibility and clarity of arbitration witnesses can significantly influence the outcome of the case. Testimony helps arbitrators evaluate each party’s position and reach a binding or non-binding decision. Because arbitration proceedings are generally confidential, witnesses are usually protected from public scrutiny, making the process attractive for sensitive or high-profile disputes.

Put simply, arbitration witnesses are vital to ensuring a fair and informed legal process. Whether recounting facts or providing expert analysis, their contributions impact the resolution of commercial, technical, and contractual disagreements across a wide range of industries.