Obtaining and Submitting Evidence in International Arbitration in the United States – Vol. 24 No. 4

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Authors: Claudia T. Salomon and Sandra Friedrich*

Published: June 2014

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. 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. 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.

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*Claudia T. Salomon is Global Co-Chair of Latham & Watkins’ International Arbitration Practice Group and a partner in New York. Sandra Friedrich is an associate in Latham & Watkins’ International Arbitration Group in New York. The authors would like to thank Anne Loehner and Samuel B. de Villiers for their ideas, editing and research.