Obtaining and Submitting Evidence in International Arbitration in the United States - ARIA - Vol. 24, No. 4 2013

Author(s):

Claudia T. Salomon

Sandra Friedrich

Page Count:

42 pages

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1 PDF Download

Published:

June, 2014

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A. Evidence in International Arbitration

The procedures for obtaining and submitting evidence – and the weight it

should be given – play an important role in international arbitration. National

courts generally follow elaborate rules governing the taking of evidence and its

introduction in court proceedings. Procedures for the disclosure of evidentiary

materials also play an essential role in international arbitration, as fact-finding is

one of the key functions of the arbitral tribunal.1 While many international

arbitrations involve at least some measure of disclosure, views on availability and

scope of disclosure vary widely among common law, civil law and other legal

systems.2 In addition, assistance of a domestic court at the seat of the arbitration

or at the location of the information sought may be available. The availability and

breadth of disclosure that a tribunal may order as well as the assistance in

evidence-gathering a national court may give are important considerations when

considering an arbitral seat and when developing the strategy for presenting a case

in international arbitration.3