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Arbitrators can organise proceedings, but they do not possess the same coercive powers as state courts. Lorenz Raess studies what happens when evidence needed in an international arbitration must be obtained from people or organisations that do not cooperate voluntarily.
The book compares approaches to taking evidence and sets out the relevant legal frameworks, the sanctions available to tribunals, and the limits of their authority. It then examines court assistance, develops a comparative analysis, and gives particular attention to the Swiss position. Witness testimony and the disclosure of documents provide practical settings for the larger question of how private adjudication depends on public judicial authority.
Published in September 2020, the complete volume includes its conclusions, bibliography, tables of cases and legislation, and legislative materials. It is a substantial study for readers interested in arbitration, evidence, and the interaction between national courts and international commercial proceedings.
Lorenz Raess. Court Assistance in the Taking of Evidence in International Arbitration. sui generis Verlag, 2020. https://doi.org/10.38107/011. CC BY4.0: https://creativecommons.org/licenses/by/4.0/. Design: Müller+Hess, Basel. Original edition and all credits retained.