Introduction

In international arbitration, it is normally for the parties to decide how to present their case, including which witnesses to put forth to tell their story. This is consistent with each party having the burden of proving the facts relied on to support its claim or defence, and accords with the notion of party autonomy.

Occasionally, however, international arbitral tribunals might wish to hear from individuals who have not been made available by the parties but who could be of crucial interest to fill evidentiary gaps in the case.