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The science of witness memory : implications for practice and procedure in international arbitration
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Wade, Kimberley A. and Cartwright-Finch, Ula (2022) The science of witness memory : implications for practice and procedure in international arbitration. Journal of International Arbitration, 39 (1). pp. 1-28.
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Abstract
Witness evidence plays a lead role in international arbitrations, yet the reliability of witness evidence in arbitral contexts has received little attention from legal practitioners. Hundreds of scientific studies have highlighted the fragile nature of witness memory and the ease with which memories can become unwittingly corrupted. In this article, we explain why the psychological research on witness memory is relevant to international arbitration and outline some of the key findings that have important implications for procedure and practice. Alongside the large body of science illustrating the malleability of witness memory, there exists a substantial amount of research outlining how best to preserve or maximize the quantity and quality of witness evidence. Indeed, many simple measures can be adopted by arbitrators and counsel, when eliciting and presenting witness evidence. When educated on the psychological science concerning the factors that can render even the most meticulous and honest witness prone to error, fact-finders will be in a far better position to assess witness evidence in international arbitrations.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | B Philosophy. Psychology. Religion > BF Psychology K Law [LC] > K Law (General) |
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| Divisions: | Faculty of Science > Psychology | ||||||
| Journal or Publication Title: | Journal of International Arbitration | ||||||
| Publisher: | Kluwer Law International | ||||||
| ISSN: | 0255-8106 | ||||||
| Official Date: | February 2022 | ||||||
| Dates: |
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| Volume: | 39 | ||||||
| Number: | 1 | ||||||
| Page Range: | pp. 1-28 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Publisher Statement: | Reprinted from Journal of International Arbitration, 39, 1, 2022, pp. 1-28, with permission of Kluwer Law International. © 2022 Kluwer Law International B.V. | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
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