^{Evidence - Taking in National and International Arbitration} The Reconciliation of Civil Law and Common Law Traditions

TABLE of CONTENTS

ACKNOWLEDGEMENTS5

TABLE of CONTENTS7

I INTRODUCTION 9

II PARTY AUTONOMY and DISCRETIONARY POWER of

ARBITRAL TRIBUNALS11

1 Party Autonomy and Evidence11

2 The Tribunal’s Discretionary Power16

III THE DIFFERING APPROACHES of COMMON LAW

and CIVIL LAW TRADITIONS to the TAKING of

EVIDENCE 25

1 Primary Differences Among Common Law and

Civil Law Evidentiary Procedures26

a Adversarial v Inquisitorial26

b Documentary Evidence 27

c Witness Statements34

d Oral Witness Examination36

e Expert Witness Evidence37

f Ethics39

g The Issue of Privilege and Confidentiality43

2 Arbitration Laws and Taking Evidence in

the United States and Turkey 44

a US Arbitration Law and Procedure 44

b Turkish Arbitration Law and Procedure48

8

IVHARMONIZING the COMMON LAW and CIVIL LAW

TRADITIONS in the CONTEXT of the TAKING of

EVIDENCE 53

a Introduction to the IBA Rules53

b The Harmonization of Common Law and Civil Law

Evidentiary Procedures Under the IBA Rules 66

c The Emergence of the Prague Rules and How They Vie

with the IBA Rules84

V CONCLUSION101

BIBLIOGRAPHY 10