Ciarb Brazil Branch launches Written Witness Statements guide

A huge congratulations to Ciarb Brazil Branch for publishing its Research on Written Witness Statements from Fact Witnesses. This guide is the result of a year-long research initiative, and its launch event was held during this year’s São Paulo Arbitration Week.  

Recognising a need for greater guidance on the use of written witness statements for arbitration practitioners in the country, Ciarb Brazil Branch prepared a draft guide for review by an independent working group of subject matter experts. 

The guide addresses issues highlighted in a report published earlier this year by Ciarb Brazil Branch, and contains draft clauses for Terms of Reference and Procedural Order No. 1 on using written statements, as well as a model written statement and checklist for its use. 

In highlighting the significance of the guide, Ciarb Brazil Branch issued a statement: 

“This guide, the result of over a year’s research, open meetings with Brazil’s arbitration community and findings from an international survey, is designed to be a tool for arbitration practitioners. It is the first of its kind in Brazil, where the use of written witness statements is not as widespread as in international arbitration.  

Building on the foundations laid by the International Bar Association’s (IBA) Rules on the Taking of Evidence in International Arbitration and the IBA’s Guidelines on Party Representation in International Arbitration, the guide details what parties must address to guarantee the effectiveness of this method of evidence production. It is an easy reference for parties, counsel, and arbitrators to establish a common ground for discussing this matter in their arbitral proceedings. Ciarb Brazil Branch is now researching document production in arbitration with the aim of repeating this successful formula.” 

Ciarb’s Director of External Affairs, Cristen Bauer, said: “Congratulations to Ciarb Brazil Branch for this insightful research on witness statements — an excellent example of thought leadership that enriches global arbitration practice. This is exactly the kind of initiative that advances our shared commitment to excellence and collaboration across jurisdictions.” 

Ciarb Brazil Branch has published this guide in Portuguese and is working on Spanish and English translations.