Canadian Arbitration Week 2025 convened in Montréal with over 500 arbitration professionals for a week of dynamic discussion on the evolving landscape of international dispute resolution. Among the standout sessions was Persuasion on Paper: Crafting Effective Witness Statements and Skeleton Arguments, hosted by YCAP and ICC YAAF.
The panel, originally framed as a debate between minimalist and comprehensive approaches, quickly evolved into a practical exchange on shared best practices. Participants from diverse legal traditions and professional backgrounds emphasized a growing consensus in the arbitration community: effective written advocacy depends on clarity, credibility and strategic precision—not length or stylistic preference.
From First Interview to Final Submission: Witness Statements That Work
Effective witness statements begin with thoughtful selection. Considerations go beyond a witness’s role and knowledge to include their availability and demeanour—particularly how they may perform under cross-examination. The panel underscored the risks of the “empty chair,” where the absence of a key witness can result in unintended adverse inferences.
A two-step interview process was recommended: starting with an open-ended conversation to elicit the witness’s story in their own words, followed by a more structured session to integrate key documents and align the narrative with the case’s evidentiary foundation.
As noted during the session, the statement should preserve the witness’s own voice—it’s not just what is said, but how it’s said that builds trust with the tribunal.
Distinctions were also made between fact and expert witnesses. While counsel typically leads the drafting of fact witness statements, it is crucial to maintain the witness’s involvement to preserve authenticity and accuracy. For expert witnesses, authorship generally remains with the expert, supported by strategic input from counsel.
Cross-jurisdictional differences were addressed, including the varying roles of documents in common and civil law systems, as well as how arbitration diverges from traditional litigation. When dealing with witnesses not fluent in the arbitration’s working language, the panel recommended preparing statements in the witness’s native language and using interpretation during hearings—an approach that enhances both clarity and credibility.
Skeleton Arguments: Advocacy with Precision
Skeleton arguments—when properly employed—offer significant strategic value. The panel cautioned against allowing these documents to become full pleadings. Their true utility lies in presenting a concise, well-structured summary that guides the tribunal through key issues and arguments.
In complex proceedings, tools such as timelines, dramatis personae and document compendiums were highlighted as effective ways to distill large volumes of information into manageable formats. Visual aids and post-hearing skeletons were also discussed as techniques for reinforcing key messages and supporting the tribunal’s decision-making process.
Well-crafted skeleton arguments serve as more than procedural formalities—they shape how tribunals engage with the material throughout the life of a case.
A Strategic Imperative in International Arbitration
Written advocacy is a defining element of effective arbitration practice. It is not merely a technical task, but a strategic exercise that can influence outcomes from the earliest stages of a dispute to final award. The Persuasion on Paper panel reflected the high standard of practice expected by tribunals and demanded by clients.
These insights reaffirm a central truth: effective written advocacy is not about adhering to one style or jurisdictional tradition—it is about strategic clarity, persuasive structure and credibility on the page. As international arbitration continues to evolve, mastering the written record remains not just a procedural necessity, but a decisive advantage. Here are four key takeaways from the session:
- Effective Written Advocacy: A Strategic, Not Stylistic, Exercise
- Witness Statements: Start with Strategy and End with Authenticity
- Skeleton Arguments: Precision Over Volume
- Cross-Jurisdictional & Language Considerations
Let’s Advance Your Case—on Paper and in Practice
Bennett Jones’ International Arbitration team continues to lead in this space, offering practical, globally informed guidance at every stage—from witness preparation to written submissions. The insights shared during this session, alongside the firm’s broader contributions at CanArbWeek, including Artem Barsukov’s ICC Canada panel on corruption in arbitration, reflect a deep and ongoing commitment to shaping best practices across the field.
For more information on how Bennett Jones can support your arbitration strategy—including drafting witness statements, preparing skeleton arguments, or navigating complex cross-border disputes—please contact Martin Valasek or a member of the International Arbitration team.
Bennett Jones