Court Assistance in the Taking of Evidence in International Arbitration
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 ou...
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| Format: | Online |
| Language: | English |
| Published: |
sui generis Verlag
2021
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| Subjects: | |
| Online Access: | OCN: 1253403226 |
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| _version_ | 1869526145772290048 |
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| author | Raess, Lorenz |
| author_browse | Raess, Lorenz |
| author_facet | Raess, Lorenz |
| author_sort | Raess, Lorenz |
| collection | Directory of Open Access Books |
| description | 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. |
| format | Online |
| id | doab-20.500.12854ir-30276 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | sui generis Verlag |
| publisherStr | sui generis Verlag |
| record_format | ojs |
| spelling | doab-20.500.12854ir-302762025-07-30T10:22:13Z Court Assistance in the Taking of Evidence in International Arbitration Raess, Lorenz Hürlimann, Daniel Thommen, Marc international arbitration court assistance taking of evidence thema EDItEUR::L Law thema EDItEUR::L Law 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. 2021-02-10T13:39:56Z 2021-02-10T13:39:56Z 2020-10-20T11:33:07Z 2020 book OCN: 1253403226 https://library.oapen.org/handle/20.500.12657/42651 https://directory.doabooks.org/handle/20.500.12854/30276 eng open access image/jpeg image/jpeg image/jpeg Attribution 4.0 International Attribution 4.0 International Attribution 4.0 International https://library.oapen.org/bitstream/20.500.12657/42651/1/sg_011_LorenzRaess.pdf https://library.oapen.org/bitstream/20.500.12657/42651/1/sg_011_LorenzRaess.pdf https://library.oapen.org/bitstream/20.500.12657/42651/1/sg_011_LorenzRaess.pdf sui generis Verlag 10.38107/011 10.38107/011 d0408bce-74b7-4793-a126-7c47e3617d24 Schweizerischer Nationalfonds zur Förderung der Wissenschaftlichen Forschung 07f61e34-5b96-49f0-9860-c87dd8228f26 Swiss National Science Foundation (SNF) 372 Zurich open access |
| spellingShingle | international arbitration court assistance taking of evidence thema EDItEUR::L Law thema EDItEUR::L Law Raess, Lorenz Court Assistance in the Taking of Evidence in International Arbitration |
| title | Court Assistance in the Taking of Evidence in International Arbitration |
| title_full | Court Assistance in the Taking of Evidence in International Arbitration |
| title_fullStr | Court Assistance in the Taking of Evidence in International Arbitration |
| title_full_unstemmed | Court Assistance in the Taking of Evidence in International Arbitration |
| title_short | Court Assistance in the Taking of Evidence in International Arbitration |
| title_sort | court assistance in the taking of evidence in international arbitration |
| topic | international arbitration court assistance taking of evidence thema EDItEUR::L Law thema EDItEUR::L Law |
| topic_facet | international arbitration court assistance taking of evidence thema EDItEUR::L Law thema EDItEUR::L Law |
| url | OCN: 1253403226 |
| work_keys_str_mv | AT raesslorenz courtassistanceinthetakingofevidenceininternationalarbitration |