Court assistance in the taking of evidence in international arbitration : dissertation / Lorenz Raess.

Format:

Book

Author/Creator:

Raess, Lorenz, author.

Language:

English

Subjects (All):

Arbitration (International law).

International law--Germany.

International law.

Physical Description:

1 online resource (372 pages)

Other Title:

Court Assistance in the Taking of Evidence in International Arbitration

Place of Publication:

Zürich : Sui generis Verlag, [2020]

Summary:

Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal's lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.

Contents:

Introduction

Different Approaches to the Taking of Evidence

Legal Framework for the Taking of Evidence

Sanctions of the Arbitral Tribunal

Limits to the Taking of Evidence

Court Assistance in International Arbitration

Comparative Analysis

Swiss Perspective

Conclusion

Bibliography

Table of Cases

Table of Legislation

Legislative Materials

About the Author

Imprint

Leere Seite

Copyright.

Notes:

Description based on publisher supplied metadata and other sources.

Includes bibliographical references.