Evidence - Taking in National and International ArbitrationThe Reconciliation of Civil Law and Common Law Traditions
TABLE of CONTENTS
ACKNOWLEDGEMENTS5
TABLE of CONTENTS7
I INTRODUCTION 9
II PARTY AUTONOMY and DISCRETIONARY POWER of
ARBITRAL TRIBUNALS11
1 Party Autonomy and Evidence11
2 The Tribunal’s Discretionary Power16
III THE DIFFERING APPROACHES of COMMON LAW
and CIVIL LAW TRADITIONS to the TAKING of
EVIDENCE 25
1 Primary Differences Among Common Law and
Civil Law Evidentiary Procedures26
a Adversarial v Inquisitorial26
b Documentary Evidence 27
c Witness Statements34
d Oral Witness Examination36
e Expert Witness Evidence37
f Ethics39
g The Issue of Privilege and Confidentiality43
2 Arbitration Laws and Taking Evidence in
the United States and Turkey 44
a US Arbitration Law and Procedure 44
b Turkish Arbitration Law and Procedure48
8
IVHARMONIZING the COMMON LAW and CIVIL LAW
TRADITIONS in the CONTEXT of the TAKING of
EVIDENCE 53
a Introduction to the IBA Rules53
b The Harmonization of Common Law and Civil Law
Evidentiary Procedures Under the IBA Rules 66
c The Emergence of the Prague Rules and How They Vie
with the IBA Rules84
V CONCLUSION101
BIBLIOGRAPHY 10