Jurisdiction(s):
United Kingdom

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Key definition

Cross-examination definition

What does Cross-examination mean? Questioning of a witness by the opposing party after examination‑in‑chief, used to test accuracy, probe credibility and reliability, challenge the witness’s account, and put the cross‑examiner’s case. It is a core feature of adversarial proceedings in criminal and civil courts and many tribunals across England and Wales, Scotland, Northern Ireland and Ireland, with broadly consistent usage. Cross‑examination is governed chiefly by common law and court/tribunal procedure rather than a single statutory definition. Judges (or chairs) control scope and manner: leading questions are generally permitted; questioning must be relevant and not improper or oppressive. Statutory and procedural limits apply, including restrictions on...

Witness Evidence in Arbitration: Attendance, Cross‑Examination, IBA vs Prague Rules, Non‑Attendance Consequences and Compulsion under the Arbitration Act 1996 (England, Wales and Northern Ireland)

Published by a LexisNexis Arbitration expert

Practice notes

The manner in which witness evidence is presented is not governed by a rigid protocol and will, accordingly, differ from one arbitration to another. It falls to the tribunal to choose a process suited to the dispute and to decide whether there should be oral testimony and, if so, to what extent. The tribunal should settle the procedure at an early stage of the proceedings so that the parties are clear on how, and in what form, their evidence is to be given. Conventionally, international arbitral tribunals have favoured a model where witnesses testify in person and adversarial Cross-examination then takes place. The IBA Rules on the Taking of Evidence in International Arbitration (IBA Rules) reflect this model. By contrast, in December 2018 the Rules on the Efficient Conduct of Proceedings in International Arbitration (the Prague Rules) were signed, offering parties an alternative that is more in line with the approach to witness evidence in civil jurisdictions. Although the Prague Rules still call for witness statements, their number can be capped. A tribunal may ask for outlines of proposed witnesses’ testimony and permit only those it considers of central importance to be developed into full witness statements...

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Web page updated on 22/05/2026

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