Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Non-identical Twins: Judicial Assistance for Obtaining Evidence under Sections 43 and 44 of the English Arbitration Act

Non-identical Twins: Judicial Assistance for Obtaining Evidence under Sections 43 and 44 of the... Non-identical Twins: Judicial Assistance for Obtaining Evidence under Sections 43 and 44 of the English Arbitration Act JAMES FREEMAN, KAROLINA LATASZ English law – Arbitration Act 1996 – Sections 43 and 44 – Juge d’appui – Judicial assistance – Obtaining evidence 1. Introduction There are well-established rules and procedures for the presentation and taking of evidence in the international arbitration process. Examples can be found in all the major sets of institutional rules. Consistent with the flexibility of international arbitration, the institutional rules tend to confer a broad discretion on the arbitral tribunal with regard to its approach to evidential matters between the parties. For somewhat more specific provisions, parties and tribunals tend to either adopt, or have regard to, guidelines on evidence- taking in soft-law instruments. Two notable examples are the well-established IBA Rules on the Taking of Evidence in International Arbitration and the relatively new Prague Rules. Since arbitration is a creature of consent, any evidence-taking procedures in institutional rules or soft-law instruments have their limits. The consensual nature of arbitration means that the reach of a tribunal’s jurisdiction extends only as far as the consent itself. The upshot is that orders of a tribunal (or any http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

Non-identical Twins: Judicial Assistance for Obtaining Evidence under Sections 43 and 44 of the English Arbitration Act

ASA Bulletin , Volume 39 (1): 18 – Mar 1, 2021
Download PDF
18 pages

Loading next page...
 
/lp/kluwer-law-international/non-identical-twins-judicial-assistance-for-obtaining-evidence-under-DvGO0EUJMM

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Kluwer Law International
Copyright
Copyright © 2021 Kluwer Law International BV, The Netherlands
ISSN
1010-9153
Publisher site
See Article on Publisher Site

Abstract

Non-identical Twins: Judicial Assistance for Obtaining Evidence under Sections 43 and 44 of the English Arbitration Act JAMES FREEMAN, KAROLINA LATASZ English law – Arbitration Act 1996 – Sections 43 and 44 – Juge d’appui – Judicial assistance – Obtaining evidence 1. Introduction There are well-established rules and procedures for the presentation and taking of evidence in the international arbitration process. Examples can be found in all the major sets of institutional rules. Consistent with the flexibility of international arbitration, the institutional rules tend to confer a broad discretion on the arbitral tribunal with regard to its approach to evidential matters between the parties. For somewhat more specific provisions, parties and tribunals tend to either adopt, or have regard to, guidelines on evidence- taking in soft-law instruments. Two notable examples are the well-established IBA Rules on the Taking of Evidence in International Arbitration and the relatively new Prague Rules. Since arbitration is a creature of consent, any evidence-taking procedures in institutional rules or soft-law instruments have their limits. The consensual nature of arbitration means that the reach of a tribunal’s jurisdiction extends only as far as the consent itself. The upshot is that orders of a tribunal (or any

Journal

ASA Bulletin – Kluwer Law International

Published: Mar 1, 2021

There are no references for this article.