Originally from: Towards a Uniform International Arbitration Law?

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I. INTRODUCTION

In this contribution, I will first summarize the significant differences that exist in the taking of evidence, both between State courts of common and civil law systems as well as between countries within a given legal system. I will then examine the extent to which these differences also exist in the conduct of the taking of evidence by arbitrators and whether they are, in the specific context of arbitration, somewhat mitigated. Finally, I will analyze some practices, principles, or rules, developed in the context of the taking of evidence by arbitrators and whether these practices, principles, or rules, have been codified.