The Reconciliation of Civil Law and Common Law Traditions

It may be stated that, in the majority of instances, parties opt into arbitration due to not only an aspiration to have their dispute resolved by arbitrators of a neutral nationality but also a desire to subject their dispute to a neutral procedure, consisting of the rules of evidence that do not favor one side at the expense of the other. in this respect, overcoming the challenges inherent in understanding differing legal traditions in their respective approach to evidence is a necessary and primary objective for national and international arbitration practitioners.

To expound upon this important objective, this book explores party autonomy and a tribunal's discretionary power to control the rules of taking evidence and examines notable differences betvveen common law and civil iaw approaches to evidentiary procedures. The thorough assessment of these differences is follovved by the discussion