Examination and Cross-examination
Examination and Cross-examination
In an oral hearing in international arbitration, both the claimant and the respondent and/or their attorneys, agents, or other representatives are required to be present in the arbitral room. For any attorney, agent, or other representative, a power of attorney should be submitted to the arbitral tribunal or the secretariat before the oral hearing. Generally, the maximum number of such representatives is limited to five to eight according to different arbitration rules of the international arbitration commissions in China, and the nationalities are not limited.
During the oral hearing, the disputing parties and/or their representatives have the right to examine their own witnesses, experts, and appraisers, and cross-examine the other party and its witnesses, experts, and appraisers.
When necessary, the arbitrators or sole arbitrator will examine them on his own initiative or at the request of either party.
It should be noted that witnesses, experts, and appraisers should be present in court in principle. If any of them is unable to attend the oral hearing and be examined and cross-examined, they should submit a written statement or explanation of their testimony, expert’s opinion, or appraisal report subject to the approval of the arbitral tribunal. In case of their failure to do so absent good cause shown, their testimony, expert’s opinion, or appraisal report will not be admitted as evidence unless it is accepted by the other disputing party.
If an oral hearing is not scheduled and the case will be decided based on the evidence and documents submitted by the disputing parties, such evidence and documents should be submitted to the arbitral tribunal or secretariat before the deadline or within any extension set by the arbitral tribunal according to the applicable arbitration rules.
Robert Zhang 
Steve Li 