ICC Report Finds Witness Memories Can Be Easily Distorted

Law360 (January 19, 2021, 10:54 PM EST) -- The memories of witnesses who provide evidence in international arbitration may become distorted for a variety of reasons, including the way they're interviewed by counsel, but steps can be taken to minimize that risk, according to a report released Tuesday by an International Chamber of Commerce commission.

The report, based on the findings of an independent study, analyzed the psychological science of human memory and concluded that the interactions that commonly take place during the preparation and presentation of witness evidence can easily distort the memory of an honest witness.

Nevertheless, a greater awareness within the arbitration community of the factors...

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