Attendance of Witnesses at the Hearing

Arbitrators will always have the authority under the Uniform Code to determine who may attend the hearing. Parties must be allowed to attend the hearing. A corporate party may designate a representative as it may choose, whether or not that representative is going to be a fact witness.

 

Sometimes there is disagreement among the parties as to whether an expert witness should be permitted to attend. Arbitrators should consider that expert witnesses often serve an important role in assisting parties and their counsel in the presentation of their cases, and may also be asked to testify about what has been said at the hearing, in addition to facts known to them prior to the hearing. Absent persuasive reasons to the contrary, there is a presumption that expert witnesses, as opposed to fact witnesses, should be permitted to attend the entire proceedings.

 

Absent persuasive reasons to the contrary, and subject to the discretion of the arbitrators, the investor party should be permitted to designate one individual to attend the hearing, as there are many instances where an investor wishes to have a spouse, son or daughter, accountant, or other fact witness attend. These people can provide added support to the investor party, and can also provide valuable assistance when hearing the testimony of fact witnesses.

 

Designations should be made before the hearings start.